ORDER

V.V. Seshubabu, Member-Judicial)—The complaint is filed on 11.05.2018 U/s.17 (1) (a) (i) of C.P. Act, 1986, seeking directions against the opposite parties to pay Rs.1 crore, including Rs.14 lakhs for the expenditure incurred on the surgeries of the Complainant and for costs.

2 (a). The brief averments of the complaint are that Complainant met with an accident on 11.11.2016 and admitted in the Opposite Party No.1 hospital and a surgery was suggested on her after investigation for the left proximal tibia fracture and surgery was performed on the same day by ORIF (Open Reduction and Internal Fixation) with anterolated LCP for left proximal tibia; that just before the discharge on 13.11.2016 she felt sever pain in the left leg and inspite of medication the pain was not reduced and duty Doctor failed to notice swelling to the leg, but herself observed red spots over foot and it was informed to the Doctor through her parents; that after conducting Doppler test and Angio to the left leg it was observed that she developed compartment syndrome which require immediate surgery; that nothing was informed to the parents and to the Complainant about complication of surgery to release the pressure; that on 13.11.2016 Opposite Party No.2 performed faciotomy, but there was profused bleeding and had a foot drop, tendon and ankle rotation freezed and lost sensation to the left foot; that when Complainant asked Opposite Party No.2 about her condition, everything was suppressed and she was advised to consult plastic surgeon by name Dr. Bhavani Prasad working in the Opposite Party No.1 hospital; that he examined the Complainant and revealed that there was muscle loss as such, surgery cannot be possible unless wound is properly healed; that Doctor advised vaccum therapy for three weeks.

2 (b). The Complainant again admitted in the Opposite Party No.1 hospital on 03.01.2017 for plastic surgery, but it was not done due to dead muscles with the surrounding red granulation tissue, but debridement was done by removing two trays of dead muscle from both sides of the leg and it happened due to over bleeding inside of the leg and was discharged on 05.01.2017; that on 27.01.2017 again she was admitted in the Opposite Party No.1 hospital for plastic surgery which was performed by Dr. Bhavani Prasad and Complainant was discharged on 29.01.2017; that the Complainant and her parents came to know that because of improper care after the operation, she developed compartment syndrome which lead to foot drop, tendon tightened, ankle rotation freezed; that the Complainant regularly visited Opposite Party No.2 and asked for the cure of tendon enlargement and he advised her to undergo “plain llizarov circular wire fixators posteriorly; that the suggested one is painful and takes more time to lengthen; that in May, 2017 Complainant went to Dr. Sudhir Reddy Orthopedic surgeon in land mark hospital Nizampet Road, and he suggested a minor surgery for lengthening the tendon and after that procedure her foot came to normal position; that the Doctor explained that there was no necessity to cut the muscle and minimal invasive surgery could have prevented the subsequent complications; that unnecessarily the Complainant suffered trauma, lost her precious time and subjected to spent lot of money for the surgeries. The acts of the Opposite Parties amounts to negligence and deficiency in service; that she got issued a legal notice on 06.03.2018 for which reply notice dt.10.04.2018 was given with denials; hence, the complaint.

3 (a). The brief averments of the written version of Opposite Party No.1 & 2 are that, the Complainant is put to strict to proof of all the averments made in the complaint, except those that are admitted; that on the admission of Complainant on 11.11.2016 ORIF was performed with antero lateral LCP plating and surgery was performed successfully and shifted to room on the same day; that she was treated with antibiotics, analgesics and other supportive medi