No negligence found in the treatment provided by medical professionals, affirming adherence to accepted medical standards.

1. The present Revision Petition has been filed by the Petitioners - ESI Hospital and ESI Dispensary (hereinafter referred to as the Opposite Parties Nos. 1 & 2 respectively) under S.21(b) of the Consumer Protection Act , 1986 against the Order dated 27.8.2013, wherein the State Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the State Commission) dismissed the Appeal and confirmed the Order of the District Consumer Disputes Redressal Forum - III, Janakpuri (hereinafter referred to as the District Forum ) in Consumer Complaint No. 890/06

2. Brief facts of the case are that the Complainant's daughter Ms. Neelam (hereinafter referred to as the patient ) suffered injury to her left hand and approached ESI Dispensary at Jwalapuri (hereinafter referred to as the Opposite Party No. 1 ) on 26.4.2006. On the next day she was further referred to ESI Hospital, Basaidarapur (hereinafter referred to as the Opposite Party No. 2 ). It was alleged that the doctors applied plaster to her left hand despite no fracture being seen in the X - ray. Thereafter, she developed pus discharge and complications in her left hand for which she underwent several operations at the Opposite Party No. 1 - Hospital. On 8.11.2006 she was referred to AIIMS, New Delhi (hereinafter referred to as the ˜Opposite Party No. 3') however she did not get completely cured and became handicapped.

3. Being aggrieved by the negligent treatment, the Complainant filed a Consumer Complaint against both the Opposite Parties before the District Forum, Janakpuri, New Delhi claiming compensation of Rs. 4,50,000.

4. The District Forum partly allowed the claim and ordered the Opposite Party No. 2 to pay Rs. 3 lakh to the Complainant. The Opposite Party No. 1 and 2 filed an Appeal before the State Commission. The Appeal was dismissed and the Order passed by the District Forum was affirmed.

5. Being aggrieved by the Order of State Commission, the Hospital - Opposite Party No. 1 and 2 filed the instant Revision Petition.

6. We have heard the arguments from the learned Counsel for the Parties. During arguments the learned Counsel for the Complainant was accompanied with the Complainant and his daughter (patient). The learned Counsel for the Opposite Party No. 2 was accompanied with Dr. Rajesh Lal Chandani from ESI Hospital.

7. We have perused the entire Medical Record of the ESI Hospital and AIIMS and given ourthoughtful consideration.

8. We note from the Medical Record of ESI Hospital that the patient approached Ortho OPD on 28.4.2006 with history of fall from stairs. X - ray AP and lateral of left upper arm was advised and the patient was given Tablet Brufen 200 mg. There was swelling and tenderness of left arm up to shoulder. The doctors at ESI Hospital made a provisional diagnosis of fracture of surgical neck of left humerus (arm) and clavicle (collar bone) with rib fracture and osteomyelitis. The treatment advised was U slab, limb elevation, active finger movements, watch for swelling and colour changes. On 30.4.2006, the patient was referred to Pediatrics for abdominal pain but there were no significant findings, so she was advised to continue the medicines prescribed by the Orthopedics. On 1.5.2006, Dr. A.K. Dawar examined the patient. He further advised incision and drainage [I&D] and preparation of OT for emergency I&D. The emergency blood investigations like HB, TC, DC, RBS, Routine Urine, X - ray chest were done and asked to arrange the blood also. After pre - anesthetic check - up, at 8.00 p.m. under General Anesthesia the emergency I & D surgery with debridement of dead tissue was performed by D