JAYARAM J. - (1.) This appeal coming before us for final hearing on 24.1.2011 and hearing the arguments of the appellants' counsel and upon perusing the material records, this Commission made the following Order: This appeal is filed by the appellants/opposite parties 1 to 3 against the order of the District Consumer Forum, Sivagangai in C.O.P.29/2004.
(2.) The case of the complainant is as follows: The complainant met with a road traffic accident on 5.1.2004 for which he got admitted in the third opposite party's hospital, where x-ray was taken at the instance of the first opposite party who is an Orthopaedic Surgeon and the first opposite party informed him that a surgery was needed. Accordingly surgery was fixed for 6.1.2004 and before the commencement of surgery, the second opposite party who is an anesthetist injected local anesthesia on the left shoulder of the complainant. Due to the negligence of the second opposite party, the injection needle got broken and the broken needle did not come out. The first and second opposite parties along with the third appellant who is also a surgeon tried to retrieve the broken needle from his body but they did not succeed. The first and the third opposite parties advised the complainant to go to Meenakshi Mission Hospital, Madurai for removing the broken needle and the opposite parties promised to meet him at Meenakshi Mission Hospital and do the needful. The complainant went to Meenakshi Mission Hospital where he found none of the opposite parties there. The doctors at Meenakshi Mission Hospital informed the complainant that the broken needle was found located in the nervous system and they hesitated to perform any surgery to remove the broken needle out of the body since it would be a serious and risky surgery. The broken needle is still embedded in his body and hence the opposite parties 1 to 3 are responsible for it as it happened only due to the negligence and deficiency in service on the part of the opposite parties 1 to 3. Hence the complainant has come forward with the petition claiming compensation of Rs.10,00,000/- from the opposite parties.
(3.) The opposite parties 1 to 3 filed their written versions contending that before the surgery was commenced the second opposite party who is an experienced anesthetist injected local anesthesia on the left side shoulder and at that time the complainant shrugged his body as a result of which the needle got broken and when the syringe was taken out, the broken needle did not come out and it got embedded in his body. However the surgery was performed and the complainant was alright after the surgery. The third opposite party who is also a surgeon joined the first and second opposite parties in trying to explore the broken needle and inspite of their best efforts to remove the needle they could not localise and trace out the same. It was further contended that there was no negligence on their part and the broken needle which is in the body will not cause any harm to the complainant.;