The National Consumer Disputes Redressal Commission, on 14th June directed Kamalanayan Bajaj Hospital, a charitable institute, to be considerate and pay Jyoti Dhananjay Akude who is a patient with a known case of Congenital Hip Dislocation (CHD) and underwent 5 to 7 major procedures from different doctors, an ex-gratia upto the amount which was deposited before the Commission vide order dated 13 August 2013.
Facts of the case:
The Complainant (patient) has a known case of Congenital Hip Dislocation (CHD), her left hip joint was dislocated since her birth. At the age of 1 ½ years, she was operated at Solapur by Dr. Iyer, but at the age 14 she noticed her left leg was short by 4 inches. Therefore, to increase the length of the leg of the parents took her to Dr. Milind Choudhary and she was operated twice by Ilizaro method (Russian method), however no improvement and her length of left leg she did not increase. Thereafter Dr. Milind did other procedures as well but it further damaged the left knee. On 09/12/2002 the Complainant at her age about 25 years approached in outdoor patient department (OPD) of the opposite no 2. However the procedure made the patient unable to walk feeling painful and also unable to bend the leg inside.
The Complainant, being aggrieved instituted a complaint before the District Forum, Aurangabad seeking an award of compensation in the amount of Rs. 7.6 lakhs on the ground that she suffered permanent disability due to the negligent surgery. The District Forum by its judgment/order dated 27 April 2015 dismissed the Complaint. Aggrieved, the Complainant filed the First Appeal No.583/2018 before the State Commission. Being aggrieved by the Order of State Commission, the parties on both the sides filed Revision Petitions before this Commission.
Contention of the Complainant:
The Complainant instituted a complaint seeking an award of compensation in the amount of Rs. 7.6 lakhs on the ground that she suffered permanent disability due to the negligent surgery performed by Dr. S. Satpute at the Kamalanayan Bajaj Hospital, Aurangabad.
Response of the Opposite parties:
The Opposite Parties Nos. 1 and 2 filed their written version and denied the negligence. They pleaded deficiency in service on the party of Dr. Milind Chaudhary. Therefore, he was impleaded as the Opposite Party No. 3.
Order of the commission:
The commission made the following observations:
- In the instant case the Opposite Party No. 2 acted as per the reasonable standards. The patient was known case of congenital hip dislocation. She underwent multiple corrective surgeries by different doctors and by different methods.
- At the age of 14 years Dr. Milind Choudhary failed to diagnose the cause of shortening of left leg, but treated the patient by Ilizarov method. The insertion of wires and pins lead to muscle damage and stiffness.
- The stiffness was continued till her age of 25 years when she approached Opposite Party No. 1 hospital. The clinical and operative notes it is evident that the patella was fragmented and fused. The mode of treatment adopted by the Opposite Party No. 2 is as per the reasonable standard of practice.
The commission thus finding the opposite party no 2 to have acted reasonably set aside the State Commissions order to opposite parties to pay a compensation of Rs. 1 lakh with Rs. 10,000/- as mental agony and Rs. 5,000/- as cost to the Complainant.
However, observing that the patient was a young lady suffering from Congenital Hip Dislocation since birth the commission let the Kamalanayan Bajaj Hospital, a Charitable institute be considerate and pay the Complainant as an ex-gratia the amount which was deposited before this Commission vide order dated 13 August 2013.
Read Order ;
SOURCE ' .latestlaws.com
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