ORDER

Bharatkumar Pandya, Member.—The present complaint under Section 21(a)(i) of the Consumer Protection Act, 1986 has been filed against the opposite parties – doctors for medical negligence and deficiency in service during treatment of complainant no. 1 during her operation by OP-1 and subsequent reports Complainant No. 1 was working as block teacher before her treatment with the OPs. On 05.12.2013 for the first time complainant no. 1 went to Kumar Nursing Home of OP-1 with her husband for treatment of abdominal pain. Appendix was diagnosed by the doctor with assurance to cure it through medicines. Complainant no. 1 got relief for her abdominal pain for three months but when she again felt the same on 07.03.2014, she went to Dr. Vijay Kumar, OP-1 at Kumar Nursing Home for treatment. She was advised for surgery of appendix and was called for the same on 12.03.2014, on which date, without any pathological or radiological tests her surgery was performed within three hours of her admission in the Nursing Home. Surgery was performed by OP-1 doctor along with his OT Assistant but the cut out portion of the appendix was never shown to complainant no. 2. OP-1 doctor called complainant no. 2 after surgery informing him that the appendix and tubectomy of the complainant no. 1 was done and as there was a hole in the intestine, the same was also operated and stitched. Two days after the surgery, when complainant no. 1 developed severe abdominal pain and high fever with chills, her husband asked OP-1 to examine her thoroughly. OP-1 doctor assured him that it was normal surgical pain and surgical fever and there was nothing to worry about the same. Finally on 20.03.2014, complainant no. 1 was discharged from the Nursing home prescribing some medicines to be taken up and no other documents except medical prescription were provided to them. Complainant no. 2 again took the patient to Kumar Nursing Home on 23.03.2014 for treatment of a wound which developed in the pelvic region of the patient where the operation was done. OP-1 doctor examined her in OT and operated the wound and bandaged it. On 28.03.2014 the patient again felt abdominal pain and fever with chill but was sent back by OP-1 doctor by prescribing Zirodol tablet. However, every now and then she had to face the same pains and fever. On 10.05.2014 complainant no. 1 again felt the severe abdominal pain with nausea and vomiting and complainant no. 2 took her to Kumar Nursing Home of OP-1 for medical check-up at 8.30 PM. She was admitted in the nursing home and was administered various medicines through IV fluids and it was said to be simple gaseous disorder in abdomen. On 11.05.2014 when condition of complainant no. 1 became serious, x-ray of her abdomen was done. OP-1 doctor after seeing the x-ray report, told that everything was normal and that best treatment was being given to complainant no. 1. Complainant no. 2 seeing the critical condition of his wife got her discharged from nursing home on 12.05.2014 at 9 AM to be taken to some other doctor for treatment.

On 12.05.2014 at 11 AM she was taken to clinic of OP-4 at Begusarai, who diagnosed the case of SAIO (Sub Acute Intestinal Obstruction) and she was admitted to his clinic. But even after treatment at the clinic of OP-4, condition of complainant no. 1 worsened and at 7.30 pm, she was then taken to another doctor Dr. A.K. Chaudhary, who referred the patient to Paras Hospital, Patna for better treatment. On 13.05.2014 at 3 am she was taken to Paras Hospital, Patna but on being dissatisfied with the management of Paras Hospital, complainant no. 1 was taken to another hospital i.e. P.M.C.H., Patna on 13.05.2014 at 3.48 am and from there again she was taken to Arvind Hospital, Patna on 13.05.2014 at 9.45 am by ambulance. Patient was immediately admitted in the ICU of Arvind Hospital, Patna. After doing necessary tests, when doctor diagnosed intestinal perforation with septicaemia, laparotomy of complainant no. 1 was done and about