SANTOKBA DURLABHJI MEMORIAL HOSPITAL & MEDICAL RESEARCH INSTITUTE & ANR Vs. BHANWAR LAL

JUDGEMENT

(1.) BOTH the appeals are directed against order dated 16.3.2006 passed by the District Forum, Jaipur II by which while allowing the claim of the complainant in case of medical negligence, the hospital and the concerned doctor have been directed to pay a sum of Rs. 57,542 for the medicines and Rs. 75,000 plus Rs. 2,000 for mental agony and other expenses.

(2.) IT has been alleged by the complainant that he was admitted in Santokba Durlabhji Memorial Hospital, Jaipur on 19.3.1998 complaining pain in right leg/hip and was under treatment of Dr. Shailendra Srivastava working in the hospital. The concerned doctor diagnosed him as suffering from Pyogenic Septic and treatment was given accordingly. The complainant was discharged from Santokba Durlabhji Memorial Hospital, Jaipur on 2.5.1998.

(3.) NOT getting the proper relief the complainant consulted Dr. C.S. Sharma of SMS Hospital, Jaipur on 9.12.1998 and after various investigations, x -rays and blood tests the complainant was diagnosed as suffering from Osteo Tuberculosis and not Pyogenic Septic. Treatment was given accordingly by Dr. C.S. Sharma. Though the complainant got relief, however, the same resulted in 40% disability because of proper treatment not given in Santokba Durlabhji Memorial Hospital, Jaipur. Thus, a complaint was filed before the District Forum claiming compensation of Rs. 7,32,541 from the appellant hospital and the concerned doctor.