- (1.)The complainant claims to be earning his livelihood by running a Petty Grocery business, STD and other business to maintain himself, his wife and two children at Banahatti in Bagalkot District. He contents that in the last week of November, 2002 he started getting pain in the intestine. On consultation with the family doctor at Banahatti he was advised to consult doctors at Bangalore as the doctor suspected tumor in the periampulary region. Accordingly, the complainant got himself admitted at OP No. 1 hospital in Bangalore on 17.1.2003 where OP No. 2 doctor examined him and recommended surgery for suspected Caroinoid tumor in the Periampulary region. OP No. 2 conducted operation on 28.1.2003. Tumor was removed and was sent for Autopsy and a negative report was received. It is contended that since the complainant developed a post operative spectacular and urinary problem he was referred to Bangalore Kidney Foundation where he was subjected to diagnosis and was prescribed with medicines and was sent back to OP1 hospital after three days. Thereafter the complainant claims to have stayed in Bangalore for 15 days and consulted OP 2 on 27.2.2003 whereupon OP No. 2 is said to have reported that the complainant had fully recovered and recommended three months rest.
(2.)The complainant further contends that after four months he again started developing pain. In the first week of January, 2004 he suffered severe pain in the intestine area; got himself admitted at Shanthi Nursing Home, Banahatti where Dr. K.D. Bhadrannavar advised X-ray and on seeing the X-ray report the doctor noticed Peritonitis due to Perforation of small intestine and he also noticed the presence of forceps left inside the abdomen during the previous surgery. The said doctor, upon operation, removed the forceps. The complainant contends that he was in-patient in Shanthi Nursing Home, Banahatti, from 13.1.2004 to 22.1.2004. The complainant contends that he had already spent more than Rs. 5 lakh for treatment at Bangalore and he had spent further amount of rupees 18,000 for 2nd operation. It was necessitated on account of negligence of OP-2 in conducting the first operation. He also contends that apart from the physical suffering and mental agony he had to forgo income for about one year when he was unable to carry on his business. He, therefore, prays for a direction to the OPs to pay Rs. 27,20,725 by way of compensation.
(3.)OP 2 has filed version on behalf of both the OPs denying the allegation that he had left forceps inside the abdomen while suturing the wound. He denies that there was any negligence on his part and denies liability to pay compensation.