SAILABALA BALIARSINGH Vs. PROFESSOR DR. RAJ KISHORE SARANGI
LAWS(ORICDRC)-2007-10-3
ORISSA STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on October 16,2007

SAILABALA BALIARSINGH Appellant
VERSUS
Professor Dr. Raj Kishore Sarangi Respondents

JUDGEMENT

- (1.) MR . Justice R.K. Patra, President -This is a complaint claiming compensation of rupees 8,95,000 attributing medical negligence in the treatment of the complainant.
(2.) THE opposite party No. 1 was at the relevant time the Professor and Head of the Department of Experimental Surgery, S.C.B. Medical College and Hospital, Cuttack. He was the consultant surgeon in Ideal Nursing Home, Cuttack whose proprietor is opposite party No. 2.
(3.) IT appears that the complainant consulted the opposite party No. 1 on 14.2.1996 for pain in her adomen. It was diagnosed as acute cholecystitis. The opposite party No. 1 accordingly prescribed medicines. On being advised for removal of gallbladder, she approached opposite party No. 1 on 9.7.1996 for undergoing operation for removal of gallbladder. Opposite party No. 1 advised her to take admission in the Ideal Nursing Home. She took admission in the said Nursing Home on 15.7.1996. The opposite party No. 1 performed cholecystectomy operation on 17.7.1996 and removed gallbladder stones. It is an admitted case of both parties that on 21.7.1996 i.e., the 4th day of operation, the complainant developed jaundice. According to her, opposite parties advised her for re -operation as it was felt that the 'drain' sucked into abdomen accidentally but she did not agree for re -operation as the drain was removed by one Dr. Ghosh on the 4th day after operation. The specific allegation of the complainant is that the operation conducted on 17.7.1996 was defective. After she was discharged from the Nursing Home on 28.7.1996 jaundice deepened and she developed itching in her body. On 18.8.1996, she was re -admitted in the Ideal Nursing Home under the opposite party No. 1 for jaundice. On 25.8.1996 she was again operated upon by the opposite party No. 1. The opposite parties assert that the drain was found in the abdomen and there was cystic collection of bile. Hepatico jejunostomy and jejuno -jejuncostomy was done. On 11.9.1996, she was discharged from the Nursing Home. The grievance of the complainant is that because of second operation, her longevity has come down and she is deprived of giving birth to children and is unable to do household works and has become a burden on the family. In course of hearing considering the nature of the case, we requested the Professor and Head of the Department of Surgery, S.C.B. Medical College and Hospital, Cuttack to render his expert opinion. All papers relevant for the purpose were sent to him. After perusing the case history of the complainant and the version of the opposite parties, he has submitted his opinion on 27.2.2006. The complainant has filed objection to the expert opinion. We are not inclined to attach any importance to the objection filed by the complainant as she is a lay person and not a medical expert.;


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