IMPORTANT POINTS
1. Presumption of Facts - Commission cannot presume that the allegations in the complaint are inviolable truth even though they remained unsupported by any evidence
2. None of the two medical opinions suggested that the swelling in the right hand was due to any injection administered intramuscular to the respondent. It is further noted that neither any document is available before us, which could verify that the respondent is not capable of doing daily chores from her hand and became dependent on others nor any disability certificate is produced by the respondent from a competent hospital.

JUDGMENT

Sangita Dhingra Sehgal, President—The facts of the case as per the District Forum record are:—

“As per complaint complainant went to OP1 hospital where she got treated by OP2. As per advice of OP 2 after regular checkups and medicines she was admitted in OP1 hospital on 20.02.2012. On 21.2.2012 at about 12:00 hours she gave birth to a child, through operation. Thereafter at about 2:30 PM one staff nurse, namely Menaz, gave metro 100 injection to her, intramuscular and not intravenous. After some time complainant’s hand started getting swelling and innumerable pain. On complaint various medicines were given, by OPs to her, but with no result. Rather condition of the hand kept on deteriorating day by day, inspite of OPs’ false assurances to cure the same, on one pretext or the other. Finding no way out complainant had to visit another doctor to whom she could not produce treatment records, as OPs didn’t provide the same to her, despite approaching them several times, on the false excuse that the documents being with senior doctor, on leave, report could not be prepared. Notice dated 01.10.2012 to OP2 for requiring the same was also not responded to by OP2. Even police complaint with copies thereof to ACP and DCP concerned had no bearing on OPs. Despite severe unbearable pain and swelling in the hand of the complainant treatment record has not been provided to her. In this manner due to negligence of OPS, life of the complainant has spoiled and ruined. She is not able to do household chores from her hand and has become totally dependent upon others. Pleading negligence, deficiency in service, unfair trade practice and consequent harassment, mental pain and agony complainant has prayed for grant of compensation in a sum of Rs. 18,00,000/- beside Rs. 15,000/- as litigation cost.”

2. The District Forum after taking into consideration the material available on record passed the judgment dated 31.05.2017, whereby it held as under:—

“13. Taking into consideration both the medical opinions, cause of the problem in hand could be due to displacement of cannula as well as extravasation of drug being administered i.e. the intravenous fluids being flown out of the veins. OPs’ own. admission of disturbance in the cannula supports the opinion of medical experts. OPs only defence is that the patient was of a restless nature and she was asked to take care which she didn’t. It is rather strange, even if we go alongwith OPS for a moment, can we accept that the doctors and nursing staff have taken adequate or proper care of the patient? Was it not the duty of treating doctors and nurses to periodically check or atleast check on giving any intravenous drug as to whether the drug were going on into the veins of the complainant as it was supposed to in that special condition. Was it not the duty of doctors and nursing staff, to take special care particularly, when they were aware that the patient is of a restless nature and extravasation of any drug could lead to gangrene if flown out of veins? In that case in our opinion the duty of care was greater. by Not only this as stated complainant herself, at the time of arguments, that while giving Metro 100 injection she complained stiffness and severe pain in the hand and arm but the nurse giving injection took it lightly and continued without bothering to check if everything was alright. Rather told the complainant that it is normal thing. It appears that doctor and nursing staff were negligent while the complainant was a helpless victim of this negligence. If the medication had been given properly and inside the veins and the doctor and nurse were not negligent the injury would not have happened and the gangrene could not have set in the hand, its fingers and the arm and the same could have been saved. It is a case of gross negligence on the part of doctors and nurses of the OP hospital to allow this to happen.

14. Not only this though, as per OPs own contentions, complainant was discharged ag