Present: Ms. Shilpa Verma, counsel for Complainant.

None for the Opposite Parties.

PER : HON’BLE MS. PINKI, MEMBER (JUDICIAL)

JUDGMENT

The present complaint has been filed by the Complainant before this Commission alleging deficiency in service by the Opposite parties and has prayed the following:

“a) This Hon'ble Forum may kindly be pleased to pass an order thereby directing the Opposite Parties No.1 and 2 to pay jointly and severely a sum of Rs.70 Lac (approx.) to the complainant as compensation for her mental harassments, pain, agony, towards themedical negligence committed, in the interest of justice.

b) To direct the opposite party to pay Rs.5,00,000/- as litigation charges.

c) To direct the opposite party to pay the amount of Rs.15,00,000/-loss of earnings, due to physically handicapped.

d) or Pass any other further order(s) & relief(s) which this Hon'bleForum may deem fit and proper in favour of the complainant and against the opposite party, in the interest of justice.”

Brief facts necessary for the adjudication of the present Complaint are that on 04.02.2014, the Complainant slipped at her residence and got a fracture on her left leg below the knee level. The husband of the complainant rushed to the Opposite Party No.2-nursing home wherein the Opposite Party No.1- treating doctor advised to get x-ray and temporarily plastered the fractured portion (KACHA Plaster) On 05.02.2014, the Complainant, as per the direction of the Opposite Party No.1 approached the nursing home of Opposite Party No.2 wherein she was again referred to get x-ray from Nishkam MRI Centre, Yamuna Vihar, Delhi. Subsequently, the Opposite Party No.1 after analyzing the X-ray report, suggested that there is no need of any surgery on fractured portion, as the bones of the fractured portion are perfectly matched and advised the Complainant to visit in his clinic situated at C-2, Mukhiya Market, Karawal Nagar, Delhi after 9-10 days for follow up. Thereafter, on 14.02.2014, the Opposite Party No.1 put a permanent plaster on the fractured joint and advised the Complainant for follow-up on 27.02.2014. The Complainant had constant pain in the fractured area for which she was advised pain killers and calcium tablets. However, the pain in the fractured region did not subside and the Complainant made repeated visits to the Opposite Party No.1 on 06.03.2014, 27.03.2014, 08.04.2014. On every visit, the Complainant was assured by the Opposite Party No.1 that there is no need for surgical intervention as the bones are perfectly matched; the fracture portion shall take 8-10 months to heal completely after undergoing the permanent plaster cast. On 06.04.2015, after analyzing the fresh X-ray report, the Opposite party no.1 advised the Complainant to take further opinion from any Government Hospital. Subsequently on 29.04.2015 and 22.05.2015 the Complainant along with her husband visited Lok Nayak Hospital, Ortho Block, where all the x-rays and diagnosis papers were presented to Dr. Ajay Gupta, M.S. (Ortho) whereby the said doctor stated that the bones of the fractured portion have been totally damaged.

The Complainant has submitted that the said doctor had orally advised that the fractured portion essentially required surgical intervention immediately after the fracture occurred i.e. on 04.02.2014. It is submitted that due to the negligence of the Opposite Party No.1, the Complainant has suffered permanent damage in her joint. Pressing the aforesaid submissions, the Complainant has prayed that the present Complaint be allowed against the Opposite Parties.

The Opposite Party No.1 has filed the written statement and has stated therein that the patient-Complainant was treated as per standard medical protocol. It is further contended that the Complainant has approached this Commission without any expert view of subject specialists or any scientific literature and without clear specification/ stipulation as regards to the nature and type of alleged negligence