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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