Case nº Revision Petition No. 1287 of 2015 of National Consumer Disputes Redressal Commission, January 12, 2016 (case 1. Bhilai Steel Plant & Anr., 2. Dr. Jitendra Nath Jha Vs Nishant Kumar Singh)

JudgeFor Appellant: Mr. K.K. Rai, Sr. Advocate with Mr. Shaiwal Srivastava, Advocate and For Respondents: Mr. Sameer Shrivastava, Advocate
PresidentMr. J.M. Malik, Presiding Member and Dr. S.M. Kantikar, Member
DefenseConsumer Law
Resolution DateJanuary 12, 2016
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

S.M. Kantikar, Member

  1. The instant revision petition is preferred by the petitioner, Bhilai Steel Plant Hospital, Pt. Jawahar Lal Nehru Hospital & Research Centre (in short, "JLN Hospital"- OP) against the order passed by the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur (in short, "the State Commission") in appeal No.14/271. The main question involved in this revision petition is that the District Forum, Durg (in short, "the District Forum") held the JLN Hospital for medical negligence caused to the complainant, Nishant Kumar Singh, during appendectomy operation performed on 25-02-2012. The District Forum awarded Rs.10,00,000/- as compensation. It was further confirmed by the State Commission, by dismissing the first appeal filed by OP.

  2. We have heard the learned counsel for both the parties. A short question involved in this revision petition is whether a foreign body (mop) was negligently placed by the OP/petitioner during appendectomy surgery? The brief facts that, complainant, Nishant Kumar Singh (herein "patient") initially underwent appendectomy surgery on 25.2.2012 at OP hospital. Few days after discharge, patient had to visit OP hospital, time and again for pain. But, there was no avail by the treatment of OP, hence patient went to Dhanvantari Hospital on 30.4.2012 and was operated there again. They found bunch of bandages, napkin (MOP) which were left negligently during 1st surgery at OP-1.

  3. Heard the learned counsel for both the parties. The counsel for the petitioner brought our attention to the medical record and the investigation reports done prior to the 2nd operation at Dhanwantri Hospital. We have perused the Barium meal and follow through x-ray dated 17.04.2012, the upper GI endoscopy report dated 07.05.2012 and the ultrasound report dated 10.05.2012. There, we do not find anything mentioned about the foreign body in the abdomen. The reports were given by qualified radiologist, gatstroenterologist. As per USG, whole abdominal cavity and the organs were normal. A small defect was noted in rectus with herniation of fat (5 mm) through it. It was reported as small ventral hernia. The counsel further argued that, the patient gone to Dhanvantri Hospital without informing the OP. He has brought our attention towards the discharge card (27.05.2012) issued by Dhanwantri Hospital wherein, the hand written notes revealed that the patient underwent exploratory laparotomy. The operative findings...

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