First Appeal Nos. 255 & 287 of 2010. Case: S.K. GUPTA Vs R.R. Dobhal. Uttaranchal State Consumer Disputes Redressal Commission

Case NumberFirst Appeal Nos. 255 & 287 of 2010
CounselFor Appellant: J.K. Jain and Vaibhav Jain, Advocates and For Respondents: S.K. Gupta, Ashok Dimri, Advocates
JudgesB.C. Kandpal, J. (President) and C.C. Pant, Member
IssueConsumer Law
CitationIII (2014) CPJ 102 (Uttar.)
Judgement DateMay 30, 2014
CourtUttaranchal State Consumer Disputes Redressal Commission


C.C. Pant, Member

1. These two appeals arise out of the order dated 23.7.2010 passed by the District Forum, Dehradun in consumer complaint No. 105 of 2008, whereby the District Forum has allowed the consumer complaint and has directed the opposite parties to pay to the complainant a sum of Rs. 2,25,000. The factual matrix of the case is that the complainant, Sh. R.R. Dobhal is a retired Central Government Officer and is covered under Central Government Health Scheme or CGHS Rules of the Central Government. The complainant's wife was suffering from knee pain. She was referred to Orthopaedic Surgeon, Doon Hospital for advice and treatment by CGHS, Dehradun. On 8.5.2007 the complainant's wife consulted the Orthopedic Surgeon of Doon Hospital and on his prescription, she consulted Dr. S.K. Gupta opposite party No. 3. Dr. S.K. Gupta advised her for knee replacement. As per the complainant, he requested the doctor to refer the case to higher medical centre, but the doctor refused the same on the ground that the knee replacement facility is available in Doon Hospital. On 2.6.2007, the complainant's wife was admitted in Doon Hospital, where she was operated upon by the Orthopaedic Surgeon Dr. S.K. Gupta - opposite party No. 3 on 5.6.2007 for "Total Knee Replacement" or TKR (L) and was discharged from the hospital on 19.6.2007. The complainant has alleged that at the time of discharge, the wound was continuously bleeding, but the opposite party No. 3 did not pay any heed to it. The dressing of the wound was done on every Tuesday and Saturday, but the discharge of blood and pus did not stop. When the complainant noticed that there was no sign of healing of the wound, he consulted a private doctor Dr. B.K.S. Sanjay, who told him that the wound had got infected and it would require immediate operation, so that the complainant's wife's leg could be saved. Then, Dr. S.K. Gupta was asked by the complainant to refer the case to higher medical centre and on his recommendation, the CGHS, Dehradun referred the complainant's case to APOLLO Hospital, Noida for further treatment. During the first surgery of the complainant's wife, the attending surgeon found that the lateral collateral ligament was absent. After second stage surgery, the complainant was told that the chances of fitness after surgery are very far-off. As per the complainant, his wife has become 50% permanently disabled after the treatment and is unable to stand and walk without help. Thus, alleging negligence committed by opposite party No. 3, the complainant filed a consumer complaint before the District Forum, Dehradun, also arraying therein the Director General of Health as opposite party No. 1; Doon Hospital through its Chief Medical Superintendent as opposite party No. 2 and APOLLO Hospital through its In-charge as opposite party No. 4.

2. The opposite party No. 3 filed his written statement, which is at paper Nos. 17 to 22 on the record of First Appeal No. 255 of 2010 and pleaded that the rules laid down by the Hon'ble Supreme Court in the case of Martin F. D'Souza v. Mohd. Ishfaq, I (2009) CPJ 32 (SC): II (2009) SLT 20: 157 (2009) DLT 391 (SC): Civil Appeal No. 3541 of 2002, be followed before proceeding against the doctor; that the Director General of Health had set up an inquiry against Dr. S.K. Gupta on receipt of a complaint from the complainant and the Committee so constituted for the inquiry came to the conclusion that no case of medical negligence is made out; that some discharge was seen from the wound after 7 days' of the operation, but on the insistence of the patient and her relatives, she was discharged from Doon Hospital; that the wound's discharge was serous and scanty (in drops and of and on), so proper antibiotic medicines were prescribed at the time of discharge; that the dressing was done in the hospital, but at times, they also got it done on their own at the home; that such a ' discharge occurs in some cases after operation as the patient's body refuses to accept the foreign element like bone-cement that is put in the body; that there was no pus at all, but it was fluid (serous discharge); that all proper medications were given to the patient that should be given in the cases of such discharge; that on his advice, fluid culture sensitivity test was done from outside the hospital, that the test was positive and he advised to admit the patient in the hospital for intravenous antibiotic treatment; that no comment can be made on the opinion given by Dr. B.K.S. Sanjay for want of relevant documents; that on refusal to admit the patient in the hospital, the doctor...

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