THADAVENI SHANKARAIAH Vs. CHINTHAL RAJAIAH ALIAS RAJESH

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.85/2005 on the file of District Forum, Adilabad, the opposite party preferred this appeal.

(2.) The brief facts as stated in the complaint are that the complainant is the father of Chintal Rajaiah alias Rajesh, who is a 16 year old student. The complainant submits that Dr.Thadaveni Shanker, a practicing private RMP doctor lives close by to his house and on 19-5-2004 when the boy was suffering from allergy, his mother took him to the opposite party doctor, who examined the complainants son and gave him an injection on the left side of the waist. After administering the injection, the complainants son vomited and fell down and the opposite party gave another injection on the patients right side of the waist. Next day there was swelling on the waist and the opposite party gave two more injections but there was no improvement so he advised the complainant to take the patient to Dr.Vijay Babu at Mancherial and also accompanied them to the said doctor. Dr.Vijay Babu informed the complainant that there was pus in the waist of the young boy and he referred him to take treatment at Karimnagar. The complainants son joined Prathima hospital at Karimnagar on 26-5-2004 and underwent treatment for 15 days. Pratima Hospital doctor diagnosed that the injections given by the opposite party are responsible for the formation of pus. Thereafter the patient was taken to Ortho-Care hospital at Karimnagar on 9-6-2004 and thereafter to Niloufer at Hyderabad for 10 days. Even then the complainants son did not recover completely and he was taken on 9-8-2004 to Acharya Vinobhabhave Rural Hospital at Wardha and he was discharged on 21-9-2004. An operation was conducted on his left leg and a steel rod was fixed and he is undergoing treatment at Acharya Vinobhabhave Hospital till October, 2005 and lost two academic years. The complainant spent Rs.3,00,000/- towards medicines, hospital bills and his son has become a physically challenged person. The complainants submits that it is only because of the negligence of the opposite party that there was a reaction to the injection administered to the patient causing irreparable loss and disability to the patient for which he claimed Rs.5,00,000/- towards expenses incurred and compensation.

(3.) Opposite party filed counter stating that the patients mother approached him saying that her son is suffering from some disease and after hearing her version, he advised them to go to a childrens specialist for treatment. He denies that he is an RMP doctor and that he has examined the young boy or given any medicines to him. He denies administering any injection to the patient and denies that he accompanied them to Dr.Vijay Babu.