IMPORTANT POINTS
(1) High Voltage burns - high voltage burns affect multiple organ systems which makes the treatment of such patients exceptionally challenging, multi-disciplinary and resource-intensive.
(2) Flap Surgery - OP-2 shall not be held liable for all the injuries sustained by the patient, but liable to limited extent of performing the L.D. Flap surgery.

ORDER

This Order shall decide both the first appeals arising from the impugned Judgment/Order dated 23.04.2019 passed by the State Consumer Disputes Redressal Commission, Jaipur (hereinafter referred to as the “State Commission”) in Consumer Complaint no. 4/2012, wherein the State Commission allowed the complaint holdings the OPs liable for medical negligence and awarded compensation.

2. For the Convenience the parties are referred to be as in the Complaint before the State Commission

3. Brief facts are that on 03.07.2011 Santosh Kumar, aged about 17 years- the Complainant No. 1 (hereinafter referred to be as the “patient”) sustained electric burn injuries in his arms, legs and abdomen due to electrocution in his village. Immediately, he was taken to the Community Health Centre at Lalsot, District Dausa and after first aid, on the same day he was referred to S.M.S. Hospital at Jaipur. He got admitted in Plastic Surgery (Burn) unit. Thereafter on 05.07.2011 he was taken to Dhanvantri Hospital (OP-1) and admitted in the Ortho Unit under Dr. R.P. Saini (OP-2). On 09.07.2011 patient’s left hand was operated by OP-2, but, after the operation bleeding was present at operated site, therefore after 2 days, OP-2 performed another operation on 11.07.2011. It was alleged that initially OP-2 delayed the 1st operation by 4 days and then a gap of 2 days 2nd operation was performed. The delay led to ‘gangrene’ of the left arm, therefore, amputation of left arm below elbow was done at Fortis Hospital on 15.07.2011.

4. The Complainants further alleged that, the OP-2 failed to treat other burn injuries on both legs and right forearm which resulted in infection and gangrene. Therefore, patient was taken to the Fortis hospital for further management. There amputation of left had below elbow, and right trans-metatarsal amputation and left symes amputation . Thus, due to gross negligence of the OP-1 & OP-2 the patient became completely handicapped and suffered 80% disability (Disability Certificate Ex.C/106). Being aggrieved the Complainants filed Consumer Complaint No. 4/2006 before State Commission, Jaipur.

5. The OP- 1 & 2, in their reply denied all allegations. It was further submitted that the patient absconded from SMS Hospital and came to Dhanvantari Hospital (OP-1) in a very serious condition. He was treated as per the accepted standards. The High Risk informed Consent was obtained prior to surgery from the patient’s uncle. The OPs further submitted that, c CT Angiography was performed on 08.07.2011 and to prevent further damage and infection the Latissimus Dorsi (LD) Flap surgery of left hand was done on 09.07.2011 , after due informed consent. The oozing of blood from the wound was noted after surgery. The patient was taken to Fortis hospital for further treatment. It was stated that the complainants deposited only Rs.5000/- at the time of admission, but afterwards they did not make any payment towards hospitalization. The OPs further submitted that the hospital (OP-1) had Indemnity insurance cover for Rs.20.00 lakhs from the New India Assurance Company Limited (OP-3). The insurance co.in its reply admitted the policy cover of Rs.20.00 lakhs given to the OP No. 1 hospital, but denied the allegations of the complaints about medical negligence.

6. The State Commission hearing the parties and on appraisal of the evidence held the OPs liable for medical negligence with following observation:—

If we compare the first CT-Angiography and the second CT-Angiography, then it appears that all the complications have started only after getting admitted in Dhanvantri Hospital, after operation and the bleeding. The complainant was subsequently taken to Escort Hospital, where the left hand of the complainant had to be amputated near the elbow and the right hand became lean, a finger got damaged, all the fingers got curved, the fingers of the left leg got de-generated and the toe of the left leg vanished. In this way, the complainant in total has become