IMPORTANT POINTS
1) Pertinent to mention here that complainant never claimed for any expert’s opinion in dealing with the negligence in his medical treatment.
2) In Kusum Sharama and others Vs. Batra Hospital and Medical Research, reported in 2010 (3) SC 480 held that “a physician would not assure the patient of full recovery in every case. A surgeon cannot or does not guarantee that the result of surgery would invariably be beneficial”.

JUDGMENT

Ishan Chandra Das, President.—This is an application for compensation filed by the complainant, Molla Sirajul Islam who prayed for compensation of a sum of Rs. 63,25,000/- (Rupees sixty three lakh twenty five thousand) due to medical negligence on the part of the OPs no. 1 to 3 and for other consequential reliefs.

2. Briefly stated, the case of the complainant was that he had been suffering from pain on his back and on his both lower limbs for which he consulted doctors and finally being influenced by the advertisement in the newspaper he came under the treatment of the OP no. 1, Dr. L. N. Tripathi, Director, Medica Institute of Neurological Diseases and Vice Chairman of Medica Super Speciality Hospitals Pvt. Ltd. After certain examination of the complainant, the OP no. 1 advised him for undergoing L5S1 Left Sciatica Microsurgery. On being convinced by the said advice and on assurance of the OP no. 1 that the patient could be relieved from his sufferings of pain by the proposed microsurgery, the complainant got himself admitted on 23-12-2010 at Medica Super Speciality Hospital under the OP no. 1 for undergoing the treatment of microsurgery by the OP no. 1, Dr. L. N. Tripathi. After several medical investigations, done at the said Hospital, the complainant was taken to the Operation Theatre on 23-12-2010 by the concerned staff of the Medica Super Speciality Hospital for the purpose of said “L5S1 Left Sciatica Microsurgery” by the OP no. 1. But at the Operation Theatre the complainant did not find Dr. L. N. Tripathi while he (the complainant) was waiting for the operation even on asking the staff of the Operation Theatre, the complainant was not informed where about of Dr. L. N. Tripathi even at the crucial moment. Later on, some ward staff of the Hospital informed the complainant that the operation was performed by Dr. Sunandan Basu (the OP no. 2) who is a junior of Dr. L. N. Tripathi. Thereafter during the post operative treatment and observation, the said OP no. 1 did not pay visit to the Hospital bed of the complainant but the OP no. 2 visited the patient’s bed for a few times. From the ward staff of the Hospital, the complainant was informed that the operation was done by the OP no. 2 with the help of the OP no. 3 (Dr. Koushik Sil) instead of the OP no. 1. As the OP no. 1 did not administer medical treatment and observation at the post operative bed for the said operation and medicine, the complainant had to incur about Rs. 50,000/- (Rupees fifty thousand) but he could not obtain relief from pain in his spine or his lower limbs, but the pain was further aggravated and the complainant was expressing numbness in his lower limbs. Thereafter the complainant tried his best to see Dr. L. N. Tripathi for consultation about the existence of his pre-operative pains in aggravated manner but he could not see the said doctor and ultimately on 09-02-2011 he attended the said Hospital at the Out Patient Department under Dr. Harsh Jain who observed that the complainant had still being suffering from back pain, spasm (convulsion) in both buttocks, pulling sensation up to left ankle paresthesias in left S1 Teritori and the sufferings of the complainant was aggravated and further complicated by the wrong surgery performed by the OP No. 2 who performed the same in a negligent and unskilled manner. Thereafter the complainant with the hope of obtaining fruitful reliefs of his pain and other complications he consulted different doctors in Government and Private Hospitals and on their advice the complainant caused a number of investigations and on such consultations the complainant could understand that the operation done in open surgery method instead of neuro surgery in a negligent and unskilled manner which resulted further complications. Thus the complainant became a victim of medical negligence by the OPs and the complainant had to incur further Rs. 1,00,000/- (Rupees one lakh) for various medical treatments, consultations and inves