J. Jayaram, Member (J) - (1.) THE case of the complainant as per the amended a complaint is as follows: "On 16.1.2006, the complainant's son R. Vishnu, aged about 8 years, had gone to Guindy Children's Park along with his relatives to celebrate Kanum Pongal and while playing there he fell down and his left wrist got injured and he was taken to nearby hospital at Guindy where he was given first -aid treatment and was advised to take him to some other hospital. The complainant comes from a very poor family and so she was unable to take her son to private hospital and therefore he was taken to Royapettah Government Hospital, Chennai. The duty doctors of the Ortho Department in the Royapettah Government Hospital applied Mavukattu (Plaster of Paris bandage) in the left hand and asked the complainant to come again on 18.1.2006 and on 18.1.2006, the doctors who gave treatment to her son on 16.1.2006 were present and the complainant told the doctors that her son has been suffering more pain and the doctors removed the Mavukattu a little bit and injected incisive over the injured hole in the left hand. On 20.1.2006, again they went to the opposite party hospital and on that date X -ray was taken for which the complainant was asked to pay Rs. 10 and the complainant paid the same for which a receipt was given only on 6.2.2006. Again they applied Plaster of Paris bandage on the left hand and gave medicines and when the complainant told the doctors that her son was crying in the night due to severe pain and she requested the doctors to loosen the bandage a little bit, the doctors told the complainant that they cannot remove the bandage. The next day, on 21.1.2006, the complainant noticed some smoke coming out from the bandage and her son started crying painfully and before taking him to the nearest hospital his left hand fingers burst and pus came out and they went to the nearby hospital i.e., Sarathy Nursing Home and the duty doctors advised the complainant to take him to the opposite party hospital where he had already taken treatment. The complainant along with her son went to the opposite party hospital at about 8.00 p.m. but the doctors of the Ortho Department did not care for her son and the complainant and her relatives begged the doctors to attend on her son and the doctors at last removed the bandage only in the midnight at about 1.00 a.m. and after removing the bandage, the doctors advised the complainant to take her son to the Government General Hospital, Chennai immediately and fearing danger to her son the complainant and her relatives took him to Government General Hospital, Chennai." The doctors in the General Hospital told the complainant that it was a simple injury for which the doctors in Royapettah Government Hospital had applied Mavukattu which blocked the blood circulation, as a result of which the left hand was decomposed and if the left hand was not removed by surgery his life would be in danger and not knowing what to do the complainant gave consent for the surgery and on 22.1.2006, in the morning the left hand of her son was surgically removed.
(2.) ALL these happened only because of the negligence and deficiency in service on the part of the doctors at Royapettah Government Hospital who gave treatment to him. The boy was an in -patient in the Government Hospital and after discharge he was admitted in school. In spite of several attempts, the complainant could not get the names of the doctors who gave treatment to her son at Royapettah Government Hospital. She incurred huge expenses. Her son was studying in 3rd Standard in St. Mark High School, and he was good in his studies and sports and he was very soft in nature and character and after losing his left hand he became physically handicapped and could not concentrate in his study and he became very rough in his behaviour. The complainant, her husband and son suffered severe mental agony and they are very poor and her husband was working as coolie earning meagre amount. The complainant approached the opposite party hospital and enquired about the names of the doctors of Ortho Department in Royapettah Government Hospital who gave treatment for her son; but nobody furnished the names of the doctors who were responsible for the wrong treatment to her son and to pay compensation of Rs. 50,00,000 and on 25.6.2007 they sent a letter to the complainant asking her to produce the particulars of the treatment of her son and available documents. On receiving the letter on 27.6.2007 she handed over all the records relating to the treatment to the opposite parties and the staff of the hospital instructed the complainant to send the above documents through registered post to the Superintendent and accordingly on 30.6.2007, the complainant sent all the medical records by registered post. The opposite party received the above records but failed to take any action against the letter dated 4.6.2007. Hence the complainant has filed this complaint against the opposite party to pay a sum of Rs. 50,00,000 as compensation for deficiency in service on the part of the doctors and for mental agony caused to her son and his parents and to pay costs of Rs. 50,000.
(3.) THE opposite party filed version stating as follows: "The complaint is not maintainable under the Consumer Protection Act. The complainant brought her son to the opposite party's hospital on 16.1.2006 complaining of pain and the complainant told the opposite party doctors that there was an injured hole in his left hand and that the opposite party doctors applied medicine and the injured hand was tied with bandage cloth. The Plaster of Paris cast had to be removed in full and should not be used again. The pain was not due to fracture but it was due to some internal injury for which proper medicine was given to the complainant's son. A sum of Rs. 20 was collected from the complainant for taking X -ray on 20.1.2006. On 20.1.2006 fresh dressing and bandage were done besides giving medicines. The Plaster of Paris cast bandage cannot be loosened but adequate steps were taken to secure supply of air, and smoke never comes out of bandage. The fingers were little loose and chance of formation of pus in the fingers is very less. The formation of pus might be due to other extraneous cause and not necessarily due to treatment for fracture. On 21.1.2006, the complainant brought her son to the hospital at night and the patient was treated the following day and the cast Plaster of Paris bandage was removed. The patient had developed gangrene in the left hand and he was referred to vascular surgery department of the Government General Hospital, Chennai as there was no Vascular Surgery Department functioning in the opposite party hospital.";