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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
J.M. Malik, Presiding Member, Dr. S.M. Kantikar, Member
Venkati —Petitioner
versus
Dr. Prakash M. Bhandari —Respondent
Revision Petition No.493 of 2015
Decided on 13.10.2015
Counsel for the Parties:
For the Petitioner:Mr. Atul Nanda, Sr. Advocate with Mr. Amol Suryawanshi, Advocate
For the Respondent:Mr. S.M. Chandrashekhar, Sr. Advocate with Mr. Shashibhushan P. Adgaonkar, Advocate & Respondent in person
IMPORTANT POINT
Poor medical records mean poor defense, no records mean no defense, hence liable for medical negligence.
Headnote:Consumer Protection Act, 1986 — Section 2 (g) & 21 (b) — Medical Negligence — Minor fracture — Due to negligence and wrong treatment given by OP — Right leg amputated — OP qualified orthopaedic surgeon— But deficiency in duty of care — OP did not apply ordinary skills — OP made vain attempts to shift his onus that patient’s suffering aggravated by long travel — OP failed on several counts, like, did not perform fasciotomy, not maintained record properly, no explanation about extent of skin necrosis — Plastic surgeon did not mention about it — OP did not file medical records before fora below — HELD — Without medical record or cogent evidence — Oral submissions or affidavits carry exiguous value. [Para 13]
Result: Revision allowed
Dr. S. M. Kantikar, Member—It is wise to remember that “Poor medical records mean poor defense, no records mean no defense”, hence liable for medical negligence.
The complainant, Mr. Venkati Narhari Wattamwar (in short, patient) about 50 years’ of age, was injured in a motorcycle accident, on 25.12.1997. He was taken to OP Dr. Prakash Bhandari, an Orthopedic Surgeon at Nanded. The patient was admitted in Bhandari Orthopedic Hospital who examined the right leg and told that there is a minor fracture which will be cured, after plastering the injured leg. The patient stayed in the hospital till 17.1.1998. During hospital stay, the patient followed each and every advice of OP, but there was no improvement. The pain was increasing day-by-day. The OP operated the complainant twice, during the course of treatment. He assured nothing to worry. He was examined by Dr. Khursale, Orthopedic Surgeon and Dr. Yelikar, Senior Plastic Surgeon from Aurangabad. When things got worsened, the OP advised the complainant to go to Pune for further treatment and referred him to Sancheti Institute for Orthopedic & Rehabilitation at Pune (in short, Sancheti Hospital) along with a reference letter in the name of Dr. Sancheti. Thus, the OP did not take proper care during plastering the fractured limb so as to prevent infection during journey. The OP applied semi round plaster slab, keeping the wound open. He travelled about 450 kms from Nanded to Pune. The OP referred the patient at a late stage, the timely reference could have saved his leg from amputation. Due to deteriorating condition to save his life, Dr. Sancheti advised for amputation of leg of the patient. Dr. Sancheti issued certificate of permanent disability (70%). Due to negligence and wrong treatment given by OP, the right leg was amputated. The complainant suffered permanent disability, therefore, he filed a complaint before the District Forum and claimed damages to the tune of Rs.4,75,000.
2. The District Forum allowed the complaint and directed the OP to pay compensation of Rs.3,00,000 towards deficiency in service with interest at the rate of 12% per annum, from 15.2.2010, till realization and compensation of Rs.50,000/- towards mental agony and Rs.15,000 towards costs.
3. Aggrieved by the order of the District Forum the OP filed FA No.582 of 2010 before the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad. The State Commission allowed the appeal. Hence, against the impugned order of State Commission, the complainant filed this revision.
4. We have heard the learned counsel for both the parties. The OP/Dr. Prakash was also present during the arguments. Counsel for the complainant reiterated the facts in the complaint. He submitted that, the OP was negligent during treatment and also negligently referred him to Sancheti Hospital, Pune. The OP did not put plaster properly; therefore, he suffered during the travel to Pune about 10 hrs. by road. The OP kept the patient in hospital on antibiotics only. Only after 17 days, the OP felt necessity of plastic surgery i.e. one day prior to the discharge. The leg of the complainant was going worst day by day. The OP put only the posterior slab cast under the leg, it increased infection during travel. No proper bandage was put by the OP. Therefore, overall, the OP was negligent.
5. The rival argument on behalf of the OP is that, he gave immediate treatment to the complainant. The OP is a qualified Orthopedic Surgeon and is a private practitioner for the last two decades. OP denied that he told the complainant that it was a minor fracture and never gave any assurance of complete cure. OP examined the patient, took X-ray of patient’s right leg. There was fracture of upper one forth of tibia and fibula extending to tibial lateral condyle with 4 to 5 bone fragments and swelling of knee joint. Patient suffered a major fracture of the right leg having long-oblique, comminuted fracture Tibia Fibula upper end involving j
