THE KARNATAKA STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

DATED THIS THE 18^th DAY OF FEBRUARY 2022

PRESENT

SRI RAVI SHANKAR – JUDICIAL MEMBER

SMT. SUNITA C.BAGEWADI - MEMBER

APPEAL NO. 3289/2011

Dr. Malathi Manipal Hospital

(A Unit of Manipal Health Systems)

No.45/1, 45^th Cross, 9^th Block,

Jayanagar, Bangalore-560 069

Represented by its Administrator.

….Appellant/s.

(By Sri./Smt. S.Radha Pyari, Adv.,)

                                          -Versus-

Mr. V.S.Ramachandra Murthy

S/o Late Mr.V.L. Suryanarayana Rao,

A/a 57 years, Resident of No.305/306,

Sy.No.9 of 1^st Stage, Maruthi Nagar,

Sonnenahalli, Ullal Post, Bangalore – 560 056.

(By Sri/Smt. Ganesh Kumar R., Adv.,)

……….. Respondent/s

: ORDERS:

BY SMT. SUNITA C.BAGEWADI -  LADY MEMBER

The appellant/Opposite Party filed this appeal being aggrieved by the order dated:24/06/2011 passed by Bangalore Urban III Additional District Consumer Commission in C.C.No.2691/2010, which allowed the complaint by directing the Opposite Party to pay a sum of Rs.2,00,000/- along with Rs.10,000/- towards litigation cost.

2.     The parties to the appeal shall be referred to as complainant and OP respectively as per their rankings before the District Forum.

3.       The brief facts of the complaint are as under:-

The complainant submitted that due to high fever and cough, he went for check-up with the Opposite Party’s Hospital on 21.01.2010 and he was admitted as an inpatient at Manipal Specialty Hospital, Rajarajeshwari Nagar, Bangalore on the same day.  The complainant is a diabetic and his glucose level was normal for past four years.  The complainant was advised to get admitted in M/s Malathi Manipal Hospital and the complainant was admitted in the Opposite Party’s hospital on 23.02.2010 and the Doctors and nursing staff inserted an IV tube to the left hand arm for the purpose of providing medicines, fluids and to get blood samples.  It is further submitted that within two hours after the insertion of the IV tube, he started complaining regarding severe pain in his left hand where the IV is inserted, but the staff has not attended to his complaints.  Thereafter, the complainant’s left hand forefinger and thumb started turning dark and was swollen.  In spite of repeated complaints, doctors and nursing staff never took any interest and neglected to attend to the complaint of the complainant.    

3(a).  The complainant further submitted that the family members of the complainant immediately requested the doctors to attend to the problem faced by the complainant.  The doctor prescribed a painkiller gel and in-spite of the application of the gel, the pain continued.  On 24.02.2010, the complainant informed his family members about uncontrollable sever pain and abnormal swelling of the left hand, forefinger and thumb.  Further, on request of the family members, the doctor who was on duty after noticing the black colour on the upper portion of the left hand thumb removed the IV and called the lab technician to conduct some tests.  By then, the left hand thumb of the complainant had turned charcoal black colour.  After removal of the IV, the complainant was subj