Decided on June 18,2020

Chanchali Narendra Appellant
Continental Hospitals Respondents


S. M. Kantikar, J. - (1.) The complainant Mr. Chanchali Narendra is a software engineer working in IT firm in Hyderabad. He had symptoms of yellow discharge from left nostril. He approached the Continental Hospital (OP-1) on 02.01.2018, also took the yellow liquid with him. Dr. MRC Naidu (OP-2) asked the complainant to undergo CT Cisternography and the test for the liquid. The complainant alleged that unless the liquid to be identified as CSF by the test on Beta-2 transferrin, the CT Cisternography was not necessary. The OP-2 at first instance did not advise to undergo Beta-2 transferrin test prior to the invasive CT. However, the OP-2 himself took the decision to go ahead with the CT Cisternography. The complainant signed the consent form for the procedure. As per the consent form, there was mention of only pain and side effects. The complainant was kept in dark about the spinal tap as a part of CT Cisternography test and risk. It was also mentioned that the complainant can go home after the procedure. During procedure, Dr. B. Raj Kumar (OP-3) (the Radiologist) inserted a long needle in his spine, without explaining anything about the procedure. However, complainant did not object at that point of time. After procedure, the complainant was asked to leave the hospital. The complainant alleged that according to the expert opinion any person who undergo spinal tap (lumbar puncture) must lie flat for at least four hours to seal the spinal leak. Same was not informed to him. Thus it was a negligence and deficiency of the OPs.
(2.) The complainant further averred that on the same night of 02.01.2018 he felt neck stiffness, headache dizziness and loss of balance while walking. Therefore, on next day 03.01.2018, he rushed to Dr. Kailash Mirche working in the same hospital. He opined that the injection given on 02.01.2018 in the spine has created the CSF leak and therefore, he suffered the side effects. Dr. Kailash Mirche suggested four days rest and accordingly complainant was admitted in the hospital for four days. The complainant approached CTO Mukesh Singh of the OP Hospital and made a complaint in writing about his ill experience. Complainant enquired after two days, but he was kicked out of hospital with the help of police. The CTO Mukesh Singh did not make attempt to meet the patient. Being aggrieved and left with no alternative, the complainant filed a complaint before the Medical Council of India on 25.04.2019. He has sent the legal notice to the OP, but received bare denial reply from the OP.
(3.) The complainant being aggrieved by the sufferings due to alleged negligence and omission in the treatment from the OP, it was the deficiency in service and unfair trade practice, he filed the consumer complaint before this Commission with the following prayer: i) To Direct the Opposite Party to pay an amount of Rs. 3,00,00,000/- (Rupees Three Crores Only) as compensation for surgery to repair the damages caused by Opposite Party. ii) To Direct the Opposite Party to pay an amount of Rs. 2,00,00,000/- (Rupees Two Crores Only) towards damages caused due to negligence by Opposite Party. iii) To Direct the Opposite Party to pay an amount of Rs. 1,00,00,000/- (Rupees One Crore Only) for mental agony caused due to deficiency of services by Opposite Party. iv) To Award costs of Rs. 1,00,000/- of these proceedings;

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