The need for a reasonable degree of skill and knowledge in medical practice, and the requirement for the complainant to prove medical negligence based on material evidence.

ORDER :

B.S. Verma, President—This appeal under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 25.1.2010 passed by the District Forum, Haridwar in consumer complaint No. 430 of 2006.

2. Briefly stated the facts giving rise to the appeal are that influenced by the advertisement got published by the respondent – opposite party Dr. Hemant Gupta, the appellant-complainant Sh. Ram Kishan Sharma contacted the opposite party in regard to the treatment of stone in the gallbladder of his wife Smt. Madhu Sharma. In the advertisement, the opposite party had mentioned treatment by best technique. The complainant along with his wife (patient) visited the hospital of the opposite party on 20.6.2006. The opposite party assured the complainant that the stone in the gallbladder of complainant’s wife would be removed at the earliest through operation by applying best technique and the complainant’s wife would be hale and hearty. The complainant got his wife admitted in the hospital of the opposite party on 20.6.2006 at 3.00 p.m. The opposite party got sum of Rs. 8,000 deposited from the complainant for the treatment of his wife. The opposite party got all the tests of the patient done in the pathology lab of the hospital. On inquiry, the complainant was informed that all the test reports are normal and that the operation would be done shortly. On 21.6.2006, the opposite party operated upon the complainant’s wife and the complainant was told that the operation has been done through latest laparoscopic technique. The opposite party further told that within 1-2 days’, the complainant’s wife would regain full health. In the night of 21/22.6.2006, the next day of the operation, the condition of the complainant’s wife got deteriorated and she started having severe pain. The complainant contacted the opposite party at 1:30 a.m. in the night and asked the opposite party to see the patient. The opposite party did not come himself, rather instructed his compounder to give injection to the patient, which was given. The complainant was not informed by the opposite party or his compounder which injection and what for the same has been injected to the patient. After 2-3 hours of injection, the health of the complainant’s wife remained somewhat normal, but by morning, her health again deteriorated and she again started feeling severe pain. On again contacting the opposite party, the opposite party told that after operation, the health of the patient deteriorates somewhat for 1-2 days’ and there is nothing to worry. Since the evening of 22.6.2006, the patient was howling from pain. On further contacting the opposite party, he provided injection to the patient through his compounder, on which, the patient went asleep. In the morning of 23.6.2006 at 4:00 a.m., the patient again started feeling high fever as well as severe pain. The complainant again tried to contact the opposite party, but could not succeed. The compounder of the opposite party again gave injection to the patient, which provided her relief for some time. The patient felt some pain throughout the day.

3. On 24.6.2006 at about 6.00 a.m., the patient again felt high fever and severe pain. The compounder of the opposite party gave a telephonic call to the opposite party, but the opposite party did not visit himself. The patient continued howling with high fever and pain for 3-4 hours, but the opposite party did not think it better to come and see the patient. The compounder of the opposite party provided an injection to the patient. At about 11.00 a.m., when the opposite party came, the complainant asked the opposite party as to why the health of his wife is deteriorating and also said that if he is unable to treat the patient, he may refer the patient elsewhere for better treatment. The opposite party assured the complainant that everything is normal and the patient would be discharged within 1-2 days and there is no need to worry. Since the night of 24.6.2006 at 1