R.DHANAPAL Vs. APPOLLO HOSPITAL (P) LTD
LAWS(TNCDRC)-2012-10-2
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 14,2012

Appellant
VERSUS
Respondents

JUDGEMENT

A.K.ANNAMALAI, J. - (1.) Unsuccessful complainant is the appellant.
(2.) Appellant/Complainant filed a complaint against the opposite parties claiming compensation of Rs.5,00,000/- for mental agony and costs for the alleged negligence in giving treatment to the complainant by the opposite parties.
(3.) Brief details of the complaint are as follows:- Complainant had consulted the 1st opposite party for his complaint of low back pain and hip pain and he was admitted in the 1st opposite party hospital on 5.12.97. After investigation it was diagnosed as "DORSAL CORD COMPRESSION T9-10 AND T10-11 VERTEBRAL LEVEL WITH PPRP; Based on the diagnosis, the 2nd opposite party performed the surgery on the complainant and he was discharged on 16.12.1997. Even after discharge the complainant suffered pain on the lower back and hip. He was unable to attend his work as before the operation. Since the pain did not decrease, the complainant had contacted one Dr.P.Sundararajn, M.C.H., on 7.2.2000 and as per his advice a M.R.Scan was taken. On perusal of the scan report, the Doctor, P.Sundararajan opined that presence of "Ferro Magnetic Artifacts" in D7 to D10 vertebral spiral cannal. The presence of "Ferro Magnetic Artefacts" amounts to gross negligence and deficiency in service. Immediately the complainant caused legal notice t the opposite parties claiming compensation of Rs.20,00,000/-. The 2nd opposite party alone sent reply repudiating the claim. Therefore the complainant has filed this complaint claiming compensation for deficiency in service.;


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