A.K.ANNAMALAI, J - (1.) The unsuccessful complainant is the appellant.
(2.) The complainant filed a complaint against the opposite party for negligence and deficiency of service in giving the medical treatment and claiming compensation for Rs.15,00,000/- and for mental agony and to pay medical bills etc., amounts spent for 6 days in the hospital and Rs.3,000/- as costs.
(3.) The brief details of the complaint are as follows :- The complainant approached the opposite party on 14.12.03 with pain in his right hip and leg. After taking various tests including X-ray, MRI scan etc. On 17.12.03 he was admitted to the opposite party hospital for dynamic Hip Screw surgery as advised by the opposite party for a sum of Rs.50,000/- spent approximately as charges and accordingly he got admitted on 19.12.03 and on 23.12.03 operation was performed and the sutures were removed on 15th day. Subsequently samples for biopsy was sent and on the basis of the biopsy report further test of isotope scan was taken and on that basis the complainant was advised to undergo for 2nd operation for Total Hip Replacement surgery by spending another Rs.75,000/-. The complainant underwent second surgery on 12.1.2004 and the complainant signed in blank papers few minutes before the operation by stating that they are all formalities and as per the request made by the opposite parties medicines and blood units were all supplied by the complainant except for some of the medicines supplied from other shops and when the Doctor came to know that the medicines and blood supplies procured from some other blood banks and medical shops other than the places mentioned by the doctor where he was having tie up and developed animacity and ill feeling towards the complainant and thereby from the next day he refused to give treatment and for a week only the opposite party hospital staffs gave tablets and injections and when the complainant and his relative met the opposite party and explained to him the circumstances for the purchase of medicines from other places since the complainant himself as a chemist but he refused hear the same and angrily reacted. The complainant paid Rs.1,50,000/- in cash on various dates apart from the expenses of medicines and blood. At the time of discharge when the complainant asked for cash receipts and break up for the amounts paid by him it was evaded and the discharge summary also was not given immediately and only after adamantly insisted by the complainant discharge summary was given without date. The discharge summary does not disclose the true facts of the treatment and the dates etc. The intention of the opposite party for non giving the X-rays discharge summary etc., not to undergo further treatment from any other doctor. The lack of service ends in the permanent disablement of the petitioner. Hence a lawyer notice was sent on 29.4.04. No reply was given only on 14.1.06 the opposite party was handed over MRI Scan report alone and still X-rays with-held by the opposite party he refused to hand over it. The complainant even after two surgeries was not able to walk still suffers from severe acute pain due to false assurances promises and failure to examine the complainant after for one after the major second surgery. Hence there is medical negligence and deficiency on the part of the opposite party for which the complaint is filed for the reliefs as stated above.;