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ESI Hospital, Through Its Medical Superintendent, Delhi & Another v/s Ravinder Gupta & Anoher

Company & Directors' Information:- GUPTA CORPORATION PRIVATE LIMITED [Active] CIN = U40100MH2005PTC154038

Company & Directors' Information:- M R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1992PTC051324

Company & Directors' Information:- C N S HOSPITAL PRIVATE LIMITED [Active] CIN = U85191BR2013PTC021246

Company & Directors' Information:- G. K. E. MEDICAL PRIVATE LIMITED [Active] CIN = U85100WB2009PTC139049

Company & Directors' Information:- A R MEDICAL PRIVATE LIMITED [Active] CIN = U24232AS2003PTC007179

Company & Directors' Information:- I A A HOSPITAL PRIVATE LIMITED [Active] CIN = U85110PB2004PTC026705

Company & Directors' Information:- GUPTA INDIA PRIVATE LIMITED [Active] CIN = U51311DL1996PTC077255

Company & Directors' Information:- GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U52110DL1974PTC007339

Company & Directors' Information:- GUPTA AND GUPTA PRIVATE LIMITED [Active] CIN = U55204DL1954PTC002390

Company & Directors' Information:- P V S HOSPITAL PVT LTD [Active] CIN = U85110KL1976PTC002850

Company & Directors' Information:- G M HOSPITAL PVT LTD [Active] CIN = U85110AS1992PTC003759

Company & Directors' Information:- K G M HOSPITAL PRIVATE LIMITED [Active] CIN = U85110TZ1998PTC008437

Company & Directors' Information:- S B S HOSPITAL PRIVATE LIMITED [Active] CIN = U85110TZ1998PTC008570

Company & Directors' Information:- K K S HOSPITAL PRIVATE LIMITED [Active] CIN = U85110TZ1986PTC001841

Company & Directors' Information:- V K GUPTA HOSPITAL PRIVATE LIMITED [Active] CIN = U85110GJ1991PTC014849

Company & Directors' Information:- S K GUPTA PRIVATE LIMITED [Active] CIN = U26900MH1973PTC016294

Company & Directors' Information:- B N V HOSPITAL PRIVATE LIMITED [Active] CIN = U85110KL1996PTC010576

Company & Directors' Information:- C N K HOSPITAL PRIVATE LIMITED [Active] CIN = U85110KL2002PTC015280

Company & Directors' Information:- C J MEDICAL INDIA PRIVATE LIMITED [Active] CIN = U33110TG2010PTC068126

Company & Directors' Information:- K J HOSPITAL PRIVATE LIMITED [Active] CIN = U85110TN1973PTC006418

Company & Directors' Information:- R. K. GUPTA AND COMPANY INDIA PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052138

Company & Directors' Information:- S P S MEDICAL INDIA PRIVATE LIMITED [Active] CIN = U51397BR2007PTC013129

Company & Directors' Information:- P D S HOSPITAL PRIVATE LIMITED [Active] CIN = U85191UP2014PTC067161

Company & Directors' Information:- B R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U63013DL2000PTC107343

Company & Directors' Information:- K. B. HOSPITAL PRIVATE LIMITED [Active] CIN = U85191UP2009PTC037607

Company & Directors' Information:- T N GUPTA PVT LTD [Active] CIN = U02005WB1951PTC020141

Company & Directors' Information:- G L HOSPITAL PRIVATE LIMITED [Active] CIN = U85300PY2020PTC008645

Company & Directors' Information:- P. MEDICAL PRIVATE LIMITED [Strike Off] CIN = U85195TG1987PTC008112

Company & Directors' Information:- U K HOSPITAL PRIVATE LIMITED [Strike Off] CIN = U85110TN1990PTC018932

Company & Directors' Information:- N M S HOSPITAL PRIVATE LIMITED [Active] CIN = U85110TZ2009PTC015580

Company & Directors' Information:- V M H HOSPITAL PVT LTD [Active] CIN = U85110KL1990PTC005616

Company & Directors' Information:- D S HOSPITAL PRIVATE LIMITED [Active] CIN = U85110TZ1991PTC003478

Company & Directors' Information:- A V GUPTA AND COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U24239DL1999PTC102248

Company & Directors' Information:- G M B HOSPITAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U85110PN2003PTC017840

Company & Directors' Information:- Y P GUPTA AND COMPANY PVT LTD [Under Process of Striking Off] CIN = U74899DL1983PTC016661

Company & Directors' Information:- J S GUPTA AND CO PVT LTD [Strike Off] CIN = U20211UP1975PTC004078

Company & Directors' Information:- M K GUPTA AND CO PRIVATE LTD [Strike Off] CIN = U74999DL1979PTC009517

Company & Directors' Information:- P L MEDICAL INDIA PRIVATE LIMITED [Strike Off] CIN = U33130DL2011PTC225068

Company & Directors' Information:- GUPTA HOSPITAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U85110BR1990PTC003998

Company & Directors' Information:- A J GUPTA AND CO PRIVATE LIMITED [Strike Off] CIN = U74210UP1980PTC004986

Company & Directors' Information:- S R HOSPITAL PRIVATE LIMITED [Active] CIN = U85110DL2000PTC105261

Company & Directors' Information:- P V G HOSPITAL PRIVATE LIMITED [Active] CIN = U65992TZ1995PTC006372

Company & Directors' Information:- A V HOSPITAL PVT LTD [Strike Off] CIN = U85110PB1990PTC010652

Company & Directors' Information:- J AND M HOSPITAL PRIVATE LIMITED [Strike Off] CIN = U85100MH2005PTC155617

Company & Directors' Information:- R H D MEDICAL PRIVATE LIMITED [Active] CIN = U85110DL2021PTC377464

Company & Directors' Information:- P S S HOSPITAL PRIVATE LIMITED [Active] CIN = U85100BR2021PTC051321

Company & Directors' Information:- S N HOSPITAL PVT LTD [Strike Off] CIN = U85110PB1988PTC008922

Company & Directors' Information:- D. R. GUPTA & COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1944PTC000794

Company & Directors' Information:- S P GUPTA AND CO PVT LTD [Strike Off] CIN = U26932RJ1972PTC001459

    Revision Petition No. 726 of 2014

    Decided On, 18 June 2021

    At, National Consumer Disputes Redressal Commission NCDRC

    By, MEMBER

    For the Appearing Parties: Bhupesh Narula, Advocate with Dr. Rajesh Lal Chandani, ESI Hospital, Jogender Singh, Sarthak Chillar, Advocates.

Judgment Text

Dr. S.M. Kantikar, Member1. The present Revision Petition has been filed by the Petitioners – ESI Hospital and ESI Dispensary (hereinafter referred to as the Opposite Parties Nos. 1 & 2 respectively) under Section 21(b) of the Consumer Protection Act, 1986 against the Order dated 27.08.2013, wherein the State Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the State Commission ) dismissed the Appeal and confirmed the Order of the District Consumer Disputes Redressal Forum – III, Janakpuri (hereinafter referred to as the District Forum ) in Consumer Complaint No. 890/062. Brief facts of the case are that the Complainant’s daughter Ms. Neelam (hereinafter referred to as the patient ) suffered injury to her left hand and approached ESI Dispensary at Jwalapuri (hereinafter referred to as the Opposite Party No.-1 ) on 26.04.2006. On the next day she was further referred to ESI Hospital, Basaidarapur (hereinafter referred to as the Opposite Party No. 2 ). It was alleged that the doctors applied plaster to her left hand despite no fracture being seen in the X-ray. Thereafter, she developed pus discharge and complications in her left hand for which she underwent several operations at the Opposite Party No. 1 Hospital. On 08.11.2006 she was referred to AIIMS, New Delhi (hereinafter referred to as the ‘Opposite Party No. 3’) however she did not get completely cured and became handicapped.3. Being aggrieved by the negligent treatment, the Complainant filed a Consumer Complaint against both the Opposite Parties before the District Forum, Janakpuri, New Delhi claiming compensation of Rs. 4,50,000/-.4. The District Forum partly allowed the claim and ordered the Opposite Party No. 2 to pay Rs. 3 lakh to the Complainant. The Opposite Party No. 1 and 2 filed an Appeal before the State Commission. The Appeal was dismissed and the Order passed by the District Forum was affirmed.5. Being aggrieved by the Order of State Commission, the Hospital- Opposite Party No. 1 and 2 filed the instant Revision Petition.6. We have heard the arguments from the learned Counsel for the Parties. During arguments the learned Counsel for the Complainant was accompanied with the Complainant and his daughter (patient). The learned Counsel for the Opposite Party No. 2 was accompanied with Dr. Rajesh Lal Chandani from ESI Hospital.7. We have perused the entire Medical Record of the ESI Hospital and AIIMS and given our thoughtful consideration.8. We note from the Medical Record of ESI Hospital that the patient approached Ortho OPD on 28.04.2006 with history of fall from stairs. X-ray AP and lateral of left upper arm was advised and the patient was given Tablet Brufen 200 mg. There was swelling and tenderness of left arm up to shoulder. The doctors at ESI Hospital made a provisional diagnosis of fracture of surgical neck of left humerus (arm) and clavicle (collar bone) with rib fracture and osteomyelitis. The treatment advised was U slab, limb elevation, active finger movements, watch for swelling and colour changes. On 30.04.2006, the patient was referred to Pediatrics for abdominal pain but there were no significant findings, so she was advised to continue the medicines prescribed by the Orthopedics. On 01.05.2006, Dr. A. K. Dawar examined the patient. He further advised incision and drainage [I&D] and preparation of OT for emergency I&D. The emergency blood investigations like HB, TC, DC, RBS, Routine Urine, X-ray chest were done and asked to arrange the blood also. After pre-anesthetic check-up, at 8.00 pm under General Anesthesia the emergency I & D surgery with debridement of dead tissue was performed by Dr.Kailash, Dr. Aditya and Dr. Asad. Post operatively, limb elevation and active finger movements were advised. The patient was given injections of higher antibiotics and pain killers. One unit of blood was transfused. The incision drainage steps written by the treating doctor are reproduced as below:“Steps:patient laid supine on O.T. table part prepared and drapedAnterolateral incision given over arm and elbowSoft tissue dissection donePus drained sent for culture sensitivityPus about 300 ml with soft tissue debridedClearing with H2O2, betadine, Saline and liquid Ciplox doneASD done and sling given.Undersigned SR Ortho”9. The patient was under treatment of team of doctors consisting of Orthopedician, Pediatrician and Surgeon. The patient was kept under observation from 02.05.2006 and the wound was checked regularly. On 05.05.2006 re-exploration of wound with multiple drill holes and corrugated rubber drain under GA was done by Dr. Tribhuwan and Dr. Sumit. On 26.05.2006 the secondary closure of wound under GA was done by Dr. Kailash and Dr. Brahmgya. There was no neurovascular deficit. The patient was also advised physiotherapy from 17.05.2006. The patient was discharged on 30.05.2006. Thereafter the patient was under follow-up in the OPD from 02.06.2006. Periodically the pus Culture and Sensitivity was performed and accordingly the antibiotic and pain killers were given. On 01.09.2006 the senior resident examined the patient and diagnosed it as pathological fracture. On 05.09.2006 Dr. Rajesh Lalchandani Senior Orthopedician examined the patient and confirmed as chronic osteomyelitis with pathological fracture. Therefore the patient was referred to AIIMS, New Delhi for fibular bone grafting and further management.10. We took reference from the standard text book Campbell’s Orthopedics. It is pertinent to note that due to fall the patient suffered injury to her left arm, there was swelling. It was not compound fracture and there were no external injuries. The treating doctors gave U slab to stabilize the bone and soft tissue. It appears that the patient developed acute osteomyelitis due to infected hematoma because there was no surgical intervention at the time of admission. Thus it was hematogenous spread of infection which caused osteomyelitis and subsequently chronic osteomyelitis. It further resulted into degeneration of humerus and for treatment bone grafting was essential. Therefore on 8.11.2006 the patient was referred to AIIMS for bone grafting. We do not find any inordinate delay from the Opposite Party No. 2 in the said reference.11. We have perused the AIIMS OPD slips. The patient approache

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d AIIMS on 15.11.2006, He was advised U slab and PVC brace. The case was discussed with Dr. Kotwal who suggested Fibula grafting, however at AIIMS there was no date available for surgery till 30.03.2007. We cannot hold AIIMS for failure of duty of care for the non-availability of date for operation.12. Based on the discussion above we do not find any negligence of treating doctors at ESI Hospital either in diagnosis or the treatment of left hand fracture of the patient. The doctors adopted the standard method of treatment. There was no breach in the duty of care. We allow the instant revision petition and set aside the Order of State Commission. Consequently the Consumer Complaint is dismissed.