IMPORTANT POINT
‘Compensation for medical negligence ruled out since amputation of toes were due to severe infection for failure of post-operation care.’

ORDER

S.M. Kantikar, Presiding Member—The Complainant Satbir Singh (for short ‘the patient’) while attending marriage of his friend on 25.04.2012 due to fire cracker explosion suffered burn/crush injury to his right foot. He was taken to M/s. Apna Hospital (OP-1). OP-2 Dr. Vikas Kumar examined him and performed surgery for debridement of the right foot with Kirschner wires (K-wires) insertion in 1st and 2nd toe. However, patient did not get relief. The OP-2 and 3 assured that everything had gone smoothly and nothing to worry. It was alleged that, on 29.04.2012 the hospital (OP-1) discharged the patient without proper follow-up advice or precautions. The OP-2 issued a fitness certificate as “fit to travel anywhere” on the letter head of the hospital. Further OP-2 assured that there were no restrictions on any kind of travel and he can travel back to Australia or any place. On such assurances given by OP-2 and 3, the complainant took a flight from India to Australia on 30.04.2012. During travel the swelling was started in his right foot and he had pain beyond control. Soon after arrival in Australia, the Complainant got admitted in a Fremantle Hospital on 03.05.2012. It was alleged that, though the burn injuries being highly prone for infections, the OP-2 and 3 did not prescribe any precautions at the time of discharge. Thus, it was gross error on the part of OP-2 and 3 who have not failed to treat the patient’s injury with skill and care. Both then doctors were also inter-alia deficient and negligent for not referring the Complainant to a burn specialist/plastic surgeon. The OP-2 being an orthopaedic surgeon was not qualified and competent to treat the burn injuries. It was further alleged that, the doctors at Fremantle Hospital in Australia advised for complete isolation of patient and ensure strict hygiene for the severe infection. The complainant within October 2012 had undergone 5 surgeries in Australia. The OP-2 left out a triangular fracture fragment at the head of the proximal phalanx during the K-wires insertion and therefore the bone got displaced superiorly. As stated by complainant that he was a taxi driver in Australia and suffered severe financial loss due to the sufferings after the treatment of OP-2 and 3. Being aggrieved by negligent treatment and post-operative care given by OP-1, 2 and 3, the complainant filed a complaint before this commission under section 21 of the Consumer Protection Act,1986 (for short ‘the Act, 1986’) and prayed compensation of Rs.1,50,11,941/- for his alleged permanent disability, mental agony and harassment which he suffered.

2. The OPs filed their written versions and denied the allegations of negligence and any deficiency from the hospital. The preliminary objections regarding maintainability of consumer complaint under the Act 1986 were raised. The OPs submitted that the Apna hospital (OP-1) is a 25 bedded hospital primarily providing Orthopaedic services to the patients. It is owned by Dr. H. C. Goyal (OP-3) a General Surgeon, 85 years old and presently not in active medical practice.He was not at all associated with the treatment of the Complainant. The OP-2 is a qualified Orthopedician MS (Ortho) with 19-20 years of experience in orthopaedic practice and successfully performed more than 7000 surgeries. The OP-2 admitted that he treated the complainant /patient as per standard medical protocol with reasonable skill and expertise. On 26.04.2012, OP-2 performed the wound debridement of the right foot and K-wire insertion in the 1st and 2nd toes. The patient’s hospital stay was uneventful. After applying the plaster of Paris (POP) splint, the patient was discharged on 29.04.2012 in satisfactory condition. There was no negligence or deficiency in service during the treatment of patient’s injury and the fracture. The allegations of the complainant are vague, imaginary and without any medical grounds. The complainant intentionally has not filed the complete prescription, OP-2 wrote the p