Complaint filed on:07-04-2021
Disposed on: 29-04-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
CC.No.35/2021
DATED THIS THE 29th DAY OF APRIL, 2022
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER
Complainant: -
Sampath
S/o late Munibasavaiah
Aged about 63 years,
2nd Cross, Nandini Layout,
Mallasandra, Tumakuru taluk
(By Sri.C.N.Hanumantharaju, Advocate)
V/s
Opposite party:-
Dr.S.Aryan Saha
Saha hospital,
Vishwa Bharathi College Road
Opp. Railway Station
Near Bus Stand, Mallasandra,
Tumakuru taluk
(By Sri.Bendre Kumar.T, Advocate)
ORDER
SRI.KUMARA.N., MEMBER
This complaint was filed under Section 35 of Consumer Protection Act, 2019 to direct the OP to pay Rs.2,00,000-00 towards compensation, mental agony, pain caused due to wrong treatment and further direct the OP to pay litigation and other expenses.
2. It is the case of the complainant that, on 3-11-2020 the complainant fell down from the motor cycle while travelling thereby minor injury to the left foot of complainant. Accordingly, the complainant taken treatment on the same day i.e. on 3-11-2020 from the OP and as advised by the OP further the complainant taken treatment by paying fee to the OP on 5-11-2020, 9-11-2020, 24-11-2020, 25-11-2020, 26-11-2020 and 4-12-2020. In spite of that the complainant left foot minor injury not recovered and instead of bubble on body, pus formation, swelling, itching, allergy and irritation started severely.
Further on 5-12-2020 the complainant approached the B.Siddaramanna Hospital, Tumakuru for treatment and undergone different tests as referred by the said hospital, the complainant visited the Mahesh Surgical and Maternity Center and Tara Skin clinic, Tumakuru accordingly taken treatment and spent Rs.20,000-00 to 25,000-00.
The complainant further submitted that, the act of OP i.e. wrong treatment caused the adverse effect and compelled the complainant to spent money for treatment and affects the complainant livelihood activity. The complainant counsel issued a legal notice dated 26-2-2021 to the OP and in turn, the OP counsel replied to the said notice by denying the facts. Hence, this complaint.
3. After the service of notice, the OP has appeared through his learned counsel and filed written version admitting the facts that the complainant taken treatment for his minor injury on his left foot for seven days and collected fee of Rs.2780-00 and denying all other averments of complaint. The OP counsel further submitted that the complainant is of 65 years age and Ex-Railway employee and suffering from uncontrolled BP and sugar (Diabetic).
Further the OP counsel submitted that the OP is qualified doctor and having good name in the society and given treatment to the complainant and prayed to dismiss the complaint.
4. The counsel for complainant filed affidavit evidence and produced Exs.P1 to P17 and also the OP has filed affidavit evidence.
5. We have heard the oral arguments of complainant and OP and the points that would arise for determination are as here under:
1) Whether the complainant proves the deficiency of service/negligence on the part of OP?
2) Is complainant entitled to the reliefs sought for?
3) What order ?
6. Our findings on the aforesaid points are as follows:
Point No.1: In the partly affirmative
Point No.2: In the partly affirmative
Point No.3: As per the final order
REASONS
7. Point No.1 to 3: The complainant submitted documents Exs.P1 to P17 which proves that the complainant taken treatment from the OP, later from Mahesh Surgical and Maternity Centre and Tara Skin Clinic, Tumakuru for his left foot minor injury. Ex.P13 to P15 which were complainant left foot photos proves that bubble/pus formation and swelling on the left leg of he complainant.
8. Ex.P1 to P2 wherein OP treatment/prescriptions of complainant i.e.
- TT injection
- Dressing of injured foot
- Ointments
- Aculip Tab
- Cefix-200 tab
- Defcort
- Ciprofloxa tab
1. Aculip Tab ; Aculip 25 mg/10 mg Tablet is a combination of two medicines. It is used in the treatment of depression associated with anxiety. It helps in regulating mood and to reduce anxiety.
2. Cefix 200 Tablet ; Cefix 200 Tablet is an antibiotic belonging that is used to treat a variety of bacterial infections. It is effective in infections of the respiratory tract (eg. pneumonia), urinary tract, ear, nasal sinus, throat, and some sexually transmitted diseases.
3. Ciprofloxa tab ; used to treat a variety of bacterial infections. Ciprofloxacin belongs to a class of drugs called quinolone antibiotics. It works by stopping the growth of bacteria. This antibiotic treats only bacterial infections.
4. Defcort 6 Tablet 10's ; efcort 6 Tablet belongs to a group of medicines called steroids. It is used for the treatment of various diseases and conditions such as inflammatory conditions, autoimmune conditions, and cancer. Common side effects include upper respiratory tract infection, excessive abdominal fat, runny or stuffy nose, skin redness, irritability, abdominal discomfort or pain, irregular behaviour, fever, back pain, acne, nausea, restlessness, nosebleeds and stretch marks.
- Glucocorticoid treatment produces a deterioration of blood glucose control in diabetics. Recent reports have indicated that deflazacort is less diabetogenic than prednisone in healthy subjects.
- For people with high blood pressure: Dexamethasone can increase sodium levels and edema (swelling). This can increase your blood pressure.
- › medicine › defcort-6mg)
9. The OP contention that (In para 6 of version) the complainant not followed the OP instruction and dressing not done, contrary to this (Ex.P1 and P3) the complainant visited the OP hospital and taken treatment by getting done the dressing on 3-11-2020, 5-11-2020, 9-11-2020, 24-11-2020, 25-11-2020, 26-11-2020 and 4-12-2020.
10. The OP counsel in his version para 6 admitted the facts that the complainant was suffering from uncontrolled BP and Sugar (diabetic). In spite of it the OP not taken proper care to address/treatment of BP and Sugar (Diabetic). OP recorded the BP while treatment in all 7 days but sugar (diabetic) control/treatment ignored. Even though being a qualified doctor knows the severity of diabetic, recommended/treated with
Tips for diabetes management while on steroids
Check blood glucose levels more often than usual, experts recommend doing this four or more times a day and accordingly increase the dosages of insulin or oral D medication depending on blood sugar level and other health conditions.
11. In this case during 7 days of treatment (4-12-2020 was last day of treatment) the OP not insisted blood test nor tested blood glucose level and accordingly treatment given. Later when the complainant not recovered on 5-12-2020 visited B.Siddaramanna Hospital, Tumkur for further treatment and on the same day blood test of the complainant conducted, result was (Ex.P4) blood glucose (R) was 200 mg/dl. which was high against the normal of 70-150 mg/dl, accordingly the said hospital doctor given treatment to the complainant. Which proves the OP negligence act and deficiency in rendering service.
12. The patient once visited for treatment to such hospital, it is the responsibility of the said hospital/doctor to satisfy that all possible care was taken and no negligence were involved in attending the patient.
13. The complainant counsel prayed to award Rs.2,00,000-00 towards compensation/mental agony / pain, and litigation cost, but the complainant not produced any bills. Ex.P3 to P13 which proves that the complainant has taken further treatment from other referral hospital. In the above discussion this commission is in the opinion of awarding Rs.20,000-00 towards treatment cost of other hospital and Rs.10,000-00 towards mental agony /compensation and litigation cost of Rs.10,000-00 to the complainant. Accordingly, we proceed to pass the following;
-
The complaint is allowed in part.
The OP is directed to pay Rs.20,000-00 towards treatment cost of other hospital along with interest @ 8% per annum from the date of complaint till the date of realization to the complainant.
The OP is further directed to pay 10,000-00 towards mental agony/compensation to the complainant.
The OP is further directed to pay litigation cost of Rs.10,000-00 to the complainant.
The OP is further directed to comply the above order within 30 days from the date of receipt/knowledge of the order. Otherwise it carries interest @ 10% per annum.
Furnish the copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 29th day of April, 2022).
LADY MEMBER MEMBER PRESIDENT
