SADAM SEETHA RAMAIAH Vs. NIZAMS INSTITUTE OF MEDICAL SCIENCE

JUDGEMENT

(1.) Being aggrieved by the impugned order dated 15.11.2007 passed in C. C. 6/2007 by the District Forum, Nalgonda in dismissing the complaint which was filed against the opposite parties seeking compensation for the alleged medical negligence, this appeal is filed questioning the impugned order as erroneous and sought it to be set aside directing payment of compensation as prayed for.

(2.) In nutshell, the facts as stated in the complaint are that on 28.01.2005 the complainant had met with an accident which resulted an injury to his left leg. After taking initial treatment, he was referred to NIMS hospital ( OP. 1 ) where he was admitted as in-patient on payment of required charges. That on 30.01.2005 he was operated for fractured bone by doing skin grafting and then discharged on 17.02.2005. He was advised to come for check up after one month. So again on 11.03.2005 he went for check up and X-ray was taken and then Plaster Bandage was removed. By doing dressing some internal medicines were prescribed with advise to visit again after two weeks in the opposite partys Orthopaedic Department. Again on 01.04.2005 when he visited the OP department he was informed that Elizanor Ring Fixator is to be fixed and that he is to be re-admitted for second surgery and it is noted in the outpatient ticket. Some medicines were prescribed for giving relief to pain. Again on 25.04.2005, the complainant approached the concerned doctor of OP. 1s hospital to whom he expressed his weak financial position and sought his help. Then the doctor advised to get a plaster bandage which was bandaged tightly on the operated portion of the leg. Further, he was advised to come for check up after two weeks. The concerned doctor has bandaged against the advice noted in the OP ticket on 01.04.2005, as a result of putting the plaster bandage, his leg had to be amputated in OP.2s hospital and by which he became permanently disabled person. The act or omission on the part of the OPs 1 and 2 amounts to medical negligence and thereby on the ground of medical negligence had sought for compensation of Rs.5 lakhs with interest and expenditure of Rs.40,000/- with interest thereon.

(3.) Denying the allegations, the opposite parties 1 and 2 have filed separate versions. The first opposite party had admitted the admission of the patient and performance of the operation of fractured bon and also payment of charges for treatment as inpatient in the hospital.