Decided on October 12,2006

ASHA GUPTA Appellant


- (1.) COMPLAINANT -Vidyawati had expired during the pendency of this complaint and now is being represented by her legal heir i.e., daughter Ms. Asha Gupta. Compensation of Rs. 15 lakh is being sought from the OP on account of latter s medical negligence as a result of which she became invalid for life.
(2.) ALLEGATIONS of the complainant in brief are that on 4.8.97 the deceased Vidyawati fell down in the bathroom and got her right thigh bone fractured. The local doctors advised her to go to Delhi for better treatment. On the same day she was brought to Delhi and was admitted in the emergency ward of OP hospital. OP -2 disclosed that her right thigh bone had got fractured and the same had to be operated. Rs. 20,000 was deposited for the operation. The X -ray taken in the OP hospital on 4.8.1947 showed the fact that her right leg only had fractured. Surprisingly no test as such was done beforehand, though the family members being laymen repeatedly asked as to whether any test was required or not but the doctors did not bother even to answer the same. The operation was done hurriedly without even conducting any pre -operational test.
(3.) THAT in the evening of 5.8.97 at about 6 p.m. the patient was taken to OT though she had been crying throughout for the intolerable pain. But OP -2 asked the staff to tightly tie the left leg of the complainant to a machine. OP -2 released the same and told all the junior doctors to keep quiet and asked a nurse to write something in Hindi. These developments were clearly heard by the complainant. OP -2 intimated to the relatives of the patient that the left leg thigh bone has also got fractured in the operation theatre and the same has to be operated along with the right leg immediately. At about 6.45 p.m. the patient was again settled in the operation table for operation of both the legs. The right leg was to be operated by fixing a plate and the left leg had to be operated by inserting rods. On 6.8.97, OP -2 asked the patient to go for all clinical pathology tests to ascertain the strength of bone. OP -2 was replaced by a new doctor Dr. Harsh Bhargava. Ultimately on 11.8.1997, the left leg of the complainant was operated by Dr. Bhargava whereafter the OP hospital forcefully discharged her. The complainant gave legal notice calling upon the OP hospital not to forcefully discharge and give adequate treatment. The younger daughter of the patient reported the matter to the police on 30.8.1997. Despite that the complainant could not be discharged and she had to file habeas corpus petition before the High Court of Delhi on 2.9.1997. On 8.9.1997, the High Court directed the OP hospital to discharge the patient forthwith. The patient had become a permanent disabled person as she could not recover her health. Hence this complaint.;

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