B SREEKANTH Vs. H N SHIVAKUMAR

JUDGEMENT

(1.) THIS appeal arises from the order dated 30.7.1998 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Complaint Case No. 62 of 1994.

(2.) THE case of the complainant before the State Commission was that while riding a motorcycle on 22.6.1993, he fell down and sustained injury to his left foot. As it was a small wound that did not bleed, he ignored it. The next day, however, he developed pain in the injured foot and went for consultation to a neighbourhood doctor who administered an injection and prescribed some medicines. The same night the complainant developed severe headache and vomiting. Therefore, the following day he again went to the clinic of the same doctor who, however, was not available. Their family physician, whom the complainant and his mother then consulted, suspected that the complainant had sustained a fracture and advised him to consult Dr. Shivakumar (opposite party in the complaint and respondent before us) at Deepak Nursing Home. The complainant and his mother went to the said Nursing Home on 25.6.1993 where Dr. Shivakumar examined him and advised admission.

(3.) ON admission, Dr. Shivakumar directed the paramedical staff to apply bandage on the complainant's left leg from foot to knee and also prescribed certain medicines. The complainant remained as an indoor patient in the said Nursing Home from 25.6 -2.7.1993. According to the complainant, Dr. Shivakumar failed to diagnose his ailment (cellulitis) on 25.6.1993, ordered an x -ray of the injured foot rather late on that day but did not advise any pathological tests in time, caused the bandage to cover the entire lower leg too tightly as a result of which the swelling increased and the infection in the foot spread up his leg, did not carry out the necessary surgery on 26.6.1993 and delayed it to the next day, the surgery that he did perform on 27.6.1993 was incomplete and he also failed to diagnose the onset of gangrene in time. Only after Dr. Shivakumar called in a physician and two specialists to examine the complainant was it possible for him to diagnose the disease as gangrene. This was done too late, as a result of which the surgery for the gangrene was also delayed to 1.7.1993. Being thus dissatisfied with the treatment, he took discharge from the Deepak Nursing Home on 2.7.1993 and had himself admitted to Bangalore Hospital the same day, where he had to undergo further surgery and skin grafting and stay for a long period. Even thereafter, he had to undergo repeated treatment before he could recover, albeit with permanent disfigurement of his left leg. Thus, the medical negligence on the part of Dr. Shivakumar not only caused him avoidable prolonged pain and physical discomfort but also led to affecting him emotionally and career -wise because of his disfigured left leg. Later, he filed a complaint before the State Commission alleging several acts of negligence and deficiency in service against Dr. Shivakumar and holding him responsible for all the trouble and expenses he had undergo as well as the permanent disfigurement of his left foot. The allegations in the complaint have been noted in detail in the impugned order of the State Commission.