MOHD ABBAS Vs. Z B M HOSPITAL AND ANR

JUDGEMENT

(1.) THE complainant has filed this complaint against the respondents hospital for medical negligence.

(2.) THE respondents in their reply have admitted that the complainant was operated upon in the hospital by Dr. Sahadat Ullah who is a general surgeon. They have also admitted that problem in the left kidney of the complainant persisted even after operation because stone in the left kidney was not removed as it was deep in the renal pipe. They have alleged that before operation complainant was clearly apprised of the fact that stone in the left kidney can be removed only by 'PCNL' method and this facility was not available in the respondent's hospital. However stone in the urinary bladder can be removed by operation in the hospital. But as per their version the complainant and his relations persisted that complainant being a poor person cannot afford 'PCNL' method facility and he should be operated upon in the respondent's hospital. This was only on complainant's insistence that he was operated upon for left kidney but stone could not be removed. Therefore, there has been no medical negligency.

(3.) THE complainant in support of his complaint has filed his own affidavit and has filed 86 documents from Annexure 1 to An -nexure 86 which mainly comprised of his medical reports right, from the beginning when he was examined in the Saudi Arabia hospital.