The burden of proof for medical negligence lies with the complainant, who must provide cogent evidence to substantiate claims, rather than mere assertions.

R.K. AGRAWAL, J., PRESIDENT

This First Appeal, filed by the Legal Heirs of the original Complainant, namely, Saroj Singla (for short “the Patient”), under Section 19 of the Consumer Protection Act , 1986, is directed against the Order dated 04.06.2010, passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (for short “the State Commission”) in Consumer Complaint No. 41 of 2007.By the Impugned Order, the State Commission has dismissed the Complaint.

Succinctly put, the material facts giving rise to the filing of the present Appeal, as culled out from the Complaint, are that on 18.03.2007 the Patient was admitted in the Dayanand Medical College and Hospital (for short “the Hospital”) for treatment of infection in urinary tract and pus in the renal pelvis.Initially, she was admitted in Hero Heart Branch of the Hospital, where she was operated on 25/26.03.2007 and the right PCNL was done.On 27.03.2007, she was shifted to the Hospital and nephrostomy drain was also put in her kidney.A sum of ₹65,000/- was paid for treatment of the Patient at the Hero Heart Branch of the Hospital. As the Patient had low platelet count, she was transfused 2-3 bottles of Platelet Concentrate (PC). The cost of the PC was ₹11,200/- per bottle. When, her condition was bit stable, she was discharged from the Hospital on 21.04.2007, with the nephrostomy drain still inside the body. As the problem of low platelet count was still continuing, she was being taken to the Hospital weekly. The attending Doctors at the Hospital also referred the Patient to PGI, Chandigarh. Though she had incurred a sum of ₹2.50 – 3.00 Lakhs in transportation and transfusion, but the problem of low platelet counts did not improve, for which problem it is alleged in the Complaint that the Patient developed the said problem during her stay in the Hospital because of improper handling of operation and lack of required post-operative care. When the Patient was taken to the Hospital on 12.06.2007 for removal of nephrostomy drain, Dr. Arvind Goyal, Respondent No.4 herein, removed the nephrostomy drain, planted the stent and thereafter discharged the Patient. Even thereafter, the condition of the Patient did not improve. Still she had severe pain in the right side of lower back. When her husband contacted the Hospital, he was advised to give “Nimesulide” tablet to the Patient. The said tablet helped the Patient only for 4-5 hours, after which again a tablet had to be taken by her. Besides the complaints of burning sensation while passing urine, the problem of low platelet count worsened, for which fresh bottles of PC were to be transfused to the Patient either weekly or fortnightly, as per her condition.

In such a situation, when the Patient had become totally bedridden and the pain in her lower right back was also continuing, on 27.06.2007 she was taken to Amar Hospital in Patiala.As advised by this Hospital, the Patient underwent x-ray and ultrasound at Alpha Radiological Hospital, Behind Rajindra Hospital, Patiala.The x-ray revealed that the Patient had a small rubber/synthetic tube in her body.It is averred that the said piece was left in the body due to negligence either at the time when PCNL was done or at the time when the nephrostomy drain was removed and stenting was done on 12.06.2007.

On 27.06.2007 itself, the Patient was taken to the Hospital, where she was attended by Respondent No.4.As regards the presence of a piece of tube, the Patient was again subjected to x-ray in the Hospital, which also showed the same thing.When the matter was brought to the notice of Dr. B.S. Aulakh, HOD of the Urology Department, Respondent No.2 herein, he took over the case and got admitted the Patient in the Hospital with the piece of PCN.On 05.07.2007, the said piece and the stent were removed and again PCNL was done.On 10.07.2007, the Patient was discharged from the Hospital, though her condition had not shown any semblance of stability.On 29.07.2007, finally Responden