Case Law Details
N.V. Chandramohan Vs Managing Director, Kovai Medical Centre And Hospital (NCDRC Delhi)
Conclusion: In present facts of the case, the Complaint of the patient was dismissed and it was observed that it is natural that if any patient consults with a doctor, then he would inform about all alternative modes of treatment. There was no specific allegation regarding negligence committed during treatment, for the period for which the complainant remained in the hospital, due to which particular instance of negligence was not established.
Facts: In present facts of the case, the complainant stated that he had pain in his left knee in March/April, 2014. The complainant went to the hospital of the opposite party in 3rd week of April, 2014 for his treatment. After examination, the doctors advised to undergo for a surgery, in which, he would be discharged within 2 days after surgery and assured that thereafter he could walk normally without any pain and discharge all of his work. The doctors performed surgery of the complainant in the hospital on 18.04.2014. After surgery, both the legs of the complainant were paralyzed and he could not even stand. After examination, the doctors informed that due to wrong administer of anaesthesia, this problem had developed, which would be cured with medication. The complainant remained in the hospital for about 8 months continuously under the treatment of the opposite party but of no result. The complainant remained bed ridden with acute pain in the hospital throughout. Ultimately the opposite party discharged the complainant on 08.08.2014. After few days of discharge, the complainant consulted Ayurveda College Hospital, Coimbatore, where he was admitted on 01.09.2014 and remained in treatment till November, 2014. Due to negligent and irresponsible treatment as provided by the opposite party, the complainant had been paralyzed in both of his lower limb and unable to stand. The business of the complainant was destroyed and his future has become miserable. The complainant gave a legal notice to the opposite party, calling upon to return Rs.100000/- charged for treatment and pay compensation of Rs.5/- crores, for suffering, mental agony and permanent disability. The opposite party gave reply notice dated 03.12.2014 and denied of committing any negligence and stated that disability suffered was known as “Cauda Equina Syndrome” due to diabetes. Thereafter the complaint was filed on 15.12.2014.
The complainant filed Affidavit of Evidence and documentary evidence. Along with his Affidavit of Evidence, the complainant filed Discharge Summary of ‘kauvery hospital’ dated 24.01.2015 and Income Tax Return filed on 06.02.2015, and other documents. The opposite party also filed Affidavits of Evidence of Doctors and documentary evidence. The opposite party filed Opinions of Head of Department of Anaesthesia at CMC, Vellore dated 02.09.2021, and other experts. Under the order of this Commission dated 30.10.2019, a report dated 11.01.2020 was submitted by a Medical Board of Government Mohan Kumarmangalam Medical College Hospital, Salem, about condition of the complainant, stating that the complainant was suffering from Type II Diabetes mellitus (Hb A1 C 8.4- fair glycemic control), Systematic Hypertension (Optimal Blood Pressure control), Residual flaccid paraplegia/ cauda–equina syndrome. Non-ambulant–Wheel chair bound. Diabetic Neuropathy.
The NCDRC observed that the complainant has neither given the instance of negligence nor adduced any evidence of negligence. The complainant relied upon ‘discharge summary’ and argued that as the opposite party itself had noted ‘Cauda Equina Syndrome’ in it, as such inference of negligence has to be drawn. In the absence of any allegation/ evidence, it cannot be held that negligence has been committed in administering spinal epidural anaesthesia and nerve block as the chance of effect of neurotoxic properties is also there.
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