H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA.

First Appeal No.: 228/2023 Date of Presentation: 13.10.2023 Reserved on: 30.07.2025 Date of Decision: 25.08.2025 ………………………………………………………………………

Smt. Harbans Kaur, W/o Sh. Sohan Singh, R/o Village Upper Makerana, P.O. & Tehsil Joginder Nagar, District Mandi, H.P.

…....... Appellant/Complainant Versus

1. IVY Hospital Super Specialty Healthcare Through its Chairman/Managing Director/ Director/

Authorized Representative, Sector-21, Mohali, Punjab.

2. Dr. Manuj Wadhwa, Chairman and Executive Director, IVY Elite Institute of Orthopedics and Joint Replacement, Sector-71, Mohali, Punjab.

3. The New India Assurance Company Ltd., Through its Branch Manager, SCO 9-193, First Floor, Sector-34A, Chandigarh-160022.

….…Respondent No.1/Opposite parties ………………………………………………………………………

Coram Hon’ble Justice Inder Singh Mehta, President.

Hon’ble Ms. Yogita Dutta, Member.

Whether approved for reporting?¹ Yes.

For the Appellant: None.

For the Respondent No.1: Mr. Dhananjay Sharma, Advocate.

For the Respondent No.2: Mr. Shashi Bhushan, Advocate. For the Respondent No.3: Mr. Jagdish Thakur, Advocate.

……………………………………………………………………………

1 Whether Reporters of the local papers may be allowed to see the order?

Justice Inder Singh Mehta, President.

O R D E R:

Present appeal is preferred against the order dated 28.08.2023 of learned District Consumer Commission, Mandi, passed in Consumer Complaint No.57/2020, titled Smt. Harbans Kaur Vs. IVY Hospital Super Specialty Healthcare & Ors., whereby the complaint filed by the complainant was dismissed.

Brief facts of the Case:

2. Briefly case of the complainant is that complainant was suffering from bilateral knee pain and was having difficulty to walk. For treatment of knee pain, the complainant visited IVY Hospital/opposite party No.1 on 16.10.2018, where she was advised for knee replacement surgery i.e. TKR (Total Knee Replacement). Complainant was admitted in the IVY Hospital on 16.10.2018 for surgery and on 17.10.2018, the surgery was conducted under the supervision and guidance of Dr. Manuj Wadhwa/opposite party No.2 alongwith other doctors. After surgery, the complainant was shifted to Intensive Care Unit (ICU). After post- operative day one, the complainant suffered pain, swelling and numbness in her left leg, but no heed was paid by the opposite parties. However, Doppler was done, which confirmed popliteal artery thrombosis and the complainant subsequently underwent thrombectomy.

On post-operative day four, the situation became critical as there was no sensation in the left leg. The Doppler test revealed arterial-thrombosis and it damaged the blood vessels and surrounding tissues. There was no blood flow in the artery. The condition of the complainant deteriorated and complainant was asked that her case would be referred to another hospital as the opposite parties did not have vascular surgeon and it was urgent to consult the vascular surgeon. Thereafter, the complainant was referred to another hospital, namely, Fortis Hospital at Mohali, Punjab.

The surgery of TKR (Total Knee Replacement) conducted by the opposite party No.2/Dr. Manuj Wadhwa was completely failed and opposite parties No.1&2 also failed to provide the post-operative treatment to the complainant. The aforesaid negligence of the opposite parties No.1&2 resulted into amputation of left leg of the complainant. However, the complainant was re-admitted in the opposite party No.1/hospital and she remained admitted there till 16.11.2018. The opposite parties No.1&2 did not provide the proper treatment to the complainant. By alleging deficiency in service on the part of the opposite parties No.1 & 2, the present complaint has been filed.

3. The opposite party No.1 filed reply and stated that complainant for the first time was seen by the opposite party No.2/doctor on 15.05.2018 and TKR (Total Knee Replacement) was advised and complications and high risk was also explained to the complainant. The surgery was conducted o