Medical practitioners cannot be held liable for negligence if they acted with reasonable skill and care according to medical standards, even if the patient suffered adverse effects.

VISHAV KANT GARG, MEMBER :

By this common order of ours, two Appeals i.e. First Appeal No.734 of 2022 and First Appeal No.965 of 2022 shall be disposed off as both the Appeals are arising out of the same order. In F.A. No. 734 of 2022, Appellants (Arzoo Hospital & Anr.) are seeking for setting aside of the impugned order whereas in F.A. No. 965 of 2022, Appellant-Darshan Singh-Complainant through his LRs is praying for enhancement of the awarded amount. The facts of the case have been taken from the Appeal of Arzoo Hospital i.e. First Appeal No.734 of 2022.

2. Appellants/Opposite Parties i.e. Arzoo Hospital, Ludhiana & Anr., have filed the present Appeal through its Managing Director to challenge the impugned order dated 28.06.2022 passed by the District Consumer Disputes Redressal Commission, Moga (Camp Court at Ludhiana) (in short, “the District Commission”), whereby the Complaint filed by the Respondent/Complainant-Darshan Singh had been allowed.

3. It would be apposite to mention here that hereinafter the parties will be referred, as were arrayed before the District Commission.

4. Briefly, the facts of the case as made out by the Respondent/Complainant in the Complaint filed before the District Commission are that the Complainant-Darshan Singh suffered back pain in his spinal cord, had approached the OP-Hospital during the night of 19/20.10.2017 where he was admitted. He was suggested for MRI from Ludhiana. After seeing the MRI Report, OP No.2-Dr. Dev Dutt Bhakhri advised him to give injection in his spinal cord. It was informed by him that by giving injection he would save him from undergoing operation of his spinal cord. Then OP No. 2 gave injection to him and asked to wait for 3 hours. However, lateron OP No.2 had informed his family members that lower part of the patient’s body had become non-functional as his nervous system was weak. Due to side effect of the injection, laterine and bathroom of the Complainant were stopped. OP No.2-Doctor had asked the family members that there was urgent need of conducting operation. He had suggested that the same would be conducted from Bassi Hospital, Ludhiana on 21.10.2017 for an amount of Rs.1,80,000/-. The Complainant and his family members had shown their inability due to shortage of funds. Thereafter, the OP No.2 in a rude manner had asked his family members to take the patient home. The OPs had illegally charged Rs.45,000/- from the Complainant for the treatment whereas due to negligence and wrong treatment, he become bed ridden. The Complainant thereafter had spent Rs.1 lakh on his treatment from Global Heart Hospital, Ludhiana.

5. Stating the act of the opposite parties to be a case of ‘medical negligence’, ‘deficiency in service’ and ‘unfair trade practice’, it was prayed in the Complaint that the OPs be directed to refund the amount spent on the treatment i.e. Rs.1,45,000/- as well as granting compensation of Rs.3 lakhs for giving wrong medical treatment, future treatment expenses, mental agony suffered at the hands of the OPs and Rs.22,000/- as litigation expenses.

6. Upon issuance of notice in the Complaint, the Appellants/ Opposite Parties had filed their written statement by raising certain preliminary objections that the Complaint was not maintainable as the Complainant had mislead, concealed, suppressed the material facts from the District Commission. The Complaint was bad for non-joinder and mis- joinder of necessary parties. Correct facts were that the Complainant on 20/21.10.2017 at night had approached the OPs with the problem of back pain. He was ex