IMPORTANT POINT
In each case of medical negligence expert opinion is not necessary.

Dr. S.M. Kantikar, Member—On 19.09.1997, the complainant Krishna Kumar (patient) sustained accidental injury by falling from 60 feet height. He was taken to V.K. Neurocare Hospital of Dr. V.K. Gupta (OP-1). He was diagnosed having spinal injury with fracture of both legs. The OP1 applied plaster of Paris to right leg/ foot. There was a wound; the complainant felt severe pain in his leg. Therefore, OP1 made a 4” x 4” window in the POP. The patient was discharged on 06.10.1997 and advised follow up after 15 days. The OP1 assured that the foot was alright and plaster would be removed after two months but the pain got aggravated. Therefore, complainant visited to hospital of OP1. There Dr. Rajesh Jain was called for consultation, who examined the right leg and advised to ampute the right leg due to gangrene. Complainant was not satisfied with the advice, therefore, he consulted his Dr. Chawla for re-check-up, who gave same opinion. Patient’s right leg was amputed on 15.10.1997 at City Hospital, Hisar by Dr. Aggarwal and he was discharged on 24.10.1997. Therefore alleging negligence on the part of OP1, the complainant filed the complaint before the District Forum, Hissar.

2. The District Forum dismissed the complaint whereas, the appeal filed by the complainant was allowed by the State Commission, Haryana, Panchkula and directed the OP to pay Rs.2,00,000/- with interest @ 9% per annum from the date of filing of the complaint along with Rs.10,000/- as cost of litigation.

3. Aggrieved by the impugned order of the State Commission, OP-1 /Petitioner filed this Revision Petition.

4. We have heard the counsel for both parties. The learned Counsel for OP Mr. Lav Kumar Aggarwal, Advocate along with Dr. V.K. Gupta was present. The counsel for OP argued that there was a spinal cord injury; it was properly treated by OP-1 as per standard protocol. There is no role of the petitioner/OP1 in the instant case of alleged medical negligence. During arguments, we have permitted the petitioner, Dr. V.K. Gupta to clarify certain points. He submitted that, he is a Neurosurgeon, treated the patient’s spinal injury only. The fracture of leg (foot) was treated by Dr. Rajesh Jain. The complainants are well aware that Dr. Rajesh Jain put the plaster to his leg. In the instant case, Dr. Rajesh Jain was not made a necessary party. The counsel further submitted that the petitioner moved an application before the District Forum for impleading Dr. Rajesh Jain and Rajiv Aggarwal as necessary parties, but it was not considered. Therefore, the Petitioner/OP-1 should not be held liable for the right leg amputation.

5. The counsel for complainant argued that, it was negligence on the part of OP1 as the hospital in the name of Mr. V.K. Neurocare centre is run by OP-1. The complainant is not aware of Dr Rajesh Jain, but the POP was put by the OP1 himself. He further, submitted that the OP1 made the debridement of right foot wound and put the stitches. The counsel submitted that the patient is a villager, does not understand procedural aspects, therefore, the other doctors are not made necessary parties.

6. We have perused the impugned orders of both the fora below. The District forum observed that the OP on the request of the complainant and his attendant called Dr. Rajesh Jain, a qualified Orthopedician of N.C. Jindal Hospital, Hisar, who treated the complainant for his fractured legs and charged his own fees directly from the complainant. The complainant has alleged deficiency of service only in respect of fracture of leg, therefore, there is no nexus between the treatments given by the OP as alleged by the complainant. Therefore, District Forum dismissed the complaint. However, the State Commission accepted the appeal and held the OP-1 liable.

7. It is very important to know about who treated the fracture of metatarsal, put the POP and performed the window in the POP. As per the treatment chart and progress report, it has been specifically recorded that,

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