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2. Briefly stated the facts of the complaint of the complainant are that the complainant was taking treatment in respect of Thyroid from Dr. Umesh Lohana and Dr. Lohana instructed the complainant for Sonography, as per requirement. The complainant shown Sonography Report to the O.P. No.1 and informed regarding her physical problem, then the O.P. No.1 advised for removing the uterus through operation, then the family members of the complainant got admitted the complainant in the Hospital of O.P. No.1. The O.P. No.1 informed that for removing the uterus, there is expenses of Rs.20,000/-, which has been deposited by the complainant. The O.P. No.1 informed that a sum of Rs.4,000/- is required for blood, then the complainant deposited the above amount, but the blood was given to the complainant after three days i.e. on 27.06.2014.. On 28.06.2014, the O.P. No.1 conducted operation of the complainant. After operation, the complainant could not get any relief and on the contrary the complainant suffered pain in the abdomen.

3. The O.P. No.1 has filed his written statement and denied the allegations made by the complainant against him. The O.P. No.1 has averred that when the complainant came to O.P. No.1, then she informed that she is patient of Thyroid and earlier she had taken treatment from Dr. Umesh Lohana. The O.P. No.1 has given proper treatment to the complainant looking to the body of the complainant and the complainant was got admitted in the hospital of O.P. No.1. The complainant has deposited the requisite fees. The blood was given to the complainant after three days because there is no blood bank in the hospital of O.P. No.1 and the Blood Bank is at Raipur. The sample of blood is required to be sent to Raipur and on matching of the blood, the blood of that group is received and then the blood is given. From the operation conducted by the O.P. No.1, the complainant get relief. On 30.06.2014, the complainant was shifted in I.C.U. and when the condition of the complainant deteriorated then the complainant was referred to Dr. Tamaskar of Ramkrishna Care Hospital, Raipur (C.G.). No extra amount was taken from the complainant and the genuine amount was taken from her. During the operation procedure, the artery of the complainant was not cut and no flatus was filled in her abdomen. No toxicating substance came in her body. If due to negligence of the O.P. No.1, the // 5 // condition of the complainant deteriorated, then in the medical report, the itozonic loss was found but no itozonic loss was found in the body of the complainant. The complainant did not suffer any loss due to negligence of the complainant. In the medical documents filed by the complainant it is not shown that due to negligence committed by the O.P. No.1 the complainant suffered any disease. Expenditure of Rs.1,53,354/- and Rs.50,000/- was not incurred in Ramkrishna Care Hospital. The complainant has exaggeratedly mentioned the amount. Expenditure of Rs.60-,000/- would not be incurred in the operation for removing the fecal sack. The C.D. of Laparoscope is prepared and the C.D. of other surgery is not prepared. In the instant case not preparing the C.D. of operation, does not show deficiency in service on the part of O.P. No.1. It is not necessary for the O.P. No.1 to prepare C.D. of all operations. Before Operation, the O.P. No.1 has conducted required test and conducted operation properly. The O.P. No.1 did not commit any negligence. The complainant did not suffer physical and mental agony due to negligence committed by .P. No.1. The complainant sent the baseless notice and it is not necessary for the O.P. No.1 to send reply of such baseless notice. The O.P. no.1 is not liable for the health of the complainant. The O.P. No.1 has properly treated the complainant. The physical problem faced by the complainant is due to her earlier diseases. The complainant is not entitled for getting compensation as mentioned in the complaint. Since earlier, in the body of the complainant there is tendency of bursting of blister and earlier the blister of the complainant was burst and she was consuming very much medicines, and due to this the blister is bursting. The sonography of the complainant was got done and report is normal. If the artery is cut, then immediately fecal material would come out. According to the complaint filed by // 6 // the complainant, the fecal material come out after lapse of a long period (day) from which it appears that it was not occurred due to negligence of the O.P. No.1 because if the artery is cut due to operation conducted by the O.P. No.1, then the fecal material would come out immediately. Since last one year, there was acute bleeding in the menstruation of the complainant, and treatment could not be done with the medicine, therefore, sonography was done in which know was found in uterus and thereafter Dr. Umesh Lohana send the complainant to Dr. Aradhna Gupta, who is Gynaecologist for treatment. Dr. Aradhna Gupta examined the complainant and suggested for Hysterectomy. With the written consent of the complainant, the complainant was admitted on 24.06.2014. In the blood test report her H.B. was found 6.8 gm. Due to bleeding in menstruation since lat one year, the blood was decreased. On 28.06.2014, the operation of the complainant was conducted and after operation, the condition of the patient was stable. In the evening of 28.06.2014 she was given water and on 29.06.2014 liquid diet and soft diet was started. On 30.06.2014 the complainant informed that she is having problem in taking breath and there is problem in other parts of her abdomen, then immediately medicines were given and she was got examined by Surgical Expert Dr. Sumit Gupta. After conducting full check up of the complainant, the O.P. No.1 got shifted the complainant in I.C.U. for special treatment and care, where X-ray and sonography of the complainant was done. When the problem in breathing was increased and pain was not decreased in upper part of the abdomen, then on 02.07.2014, the O.P. took advice of Dr. Tamaskar of Ramkrishna Care Hospital, Raipur and in time, referred the complainant by writing a letter, through ambulance to Dr. Tamaskar. In Ramkrishna Care Hospital, Raipur initially on two days 02.07.2014 and 03.07.2014 // 7 // the complainant was given conservative treatment and the sonography and blood report were also found normal and the vital meters of the complainant was also found normal. On 04.07.2014, the operation of the complainant was done in Ramkrishna Care Hospital, but it is not in knowledge of the O.P. No.1 that in in what circumstances the operation of the complainant was done. In the discharge summary of Ramkrishna Care Hospital, nowhere there is no mentioned regarding the negligence committed in the operation of uterus of the complainant. In these circumstances it is necessary to determine that what is the reason for rectal perforation to the patient. In the Gupta Hospital, the experts examined the complainant and thereafter conducted surgery and no negligence was committed in conducting surgery. Post operative monitoring was well organized and when the complainant felt problem, then immediately she was shifted in I.C.U. and in time, in the advice of Dr. Tamaskar of Ramkrishna Care Hospital, she was shifted. Thus it is clear that Gupta Hospital discharged its duty according to its capacity and qualification and gave the complainant all information in details and discharge the profession of doctor honestly. In the documents of Ramkrishna Care Hospital, which were filed, there is mention regarding constipation and due to above reason there is much pressure on abdomen, due to which the complainant suffered problem. The O.P. No.1 did not commit any negligence. The O.P. No.1 obtained Insurance Policy from United India Insurance Company Limited which was effective for the period from 27.12.2013 to 26.12.2014. In the above case, the Insurance Company is a necessary party, but the complainant did not make it a party. The O.P. No.1 did not commit any deficiency in service. The necessary treatment which was required to be given, was given to the complainant. The // 8 // complaint is liable to be dismissed. The complainant is not entitled to get any relief from the O.P. No.1.

5. The complainant has filed documents. Document No.1 is Discharge Ticket of Gupta Hospital dated 02.07.2014, document No.2 is Test Report dated 22.06.2014 of Dr. Aradhna Gupta, document No.3 is Sonography Report dated 30.06.2014 issued by Gupta Hospital, document No.4 is Biochemistry report dated 30.06.2014 issued by Gupta Hospital, document No.5 is referral letter dated 02.07.2014 of Gupta Hospital to Ramkrishna Care Hospital for referring the complainant, document No.6 is Discharge Summary dated 14.07.2014 of Ramkrishna Care Hospital, document No.7 is measurement report dated 02.07.2014, document No.8 is measurement report dated 03.07.2014, document No.9 is Haematology Test Report dated 02.07.2014, document No.10 is Biochemistry report dated 02.07.2014, document No.11 is ECG // 10 // report, document No.12 is Biochemistry test report dated 03.07.2014, document no.13 is Microbiology/Serology report dated 03.07.2014, document No.14 is Microbiology / Serology report dated 03.07.2014, document no.15 is Clinical Pathology Report dated 03.07.2014, document No.16 is Sonography report dated 03.07.2014, document No.17 is Echo Cardiography report dated 04.07.2014, document No.18 is Biochemistry Report dated 04.07.2014, document No.19 is Microbiology / Serology report dated 04.07.2014, document No.20 is Microbiology / Serology report dated 04.07.2014, document No.21 is Microbiology / Serology report dated 04.07.2014, document No.22 is Microbiology / Serology report dated 04.07.2014, document No.23 is Haematology Test Report dated 05.07.2014, document No.24 is Biochemistry Test Report dated 06.07.2014, document No.25 is Biochemistry Test Report dated 07.07.2014, document No.26 is Biochemistry Test Report dated 08.07.2014, document No.27 is Biochemistry Test Report dated 09.07.2014, document no.28 is Sonography report + conclusions dated 11.07.2014, document No.29 is Final Discharge Summary dated 14.07.2014 of Ramkrihna Care Hospital , document No.30 is Inpatient - Final Bill Summary dated 21.10.2014 of Ramkrishna Care Hospital, document No.31 is Final Bill Details dated 21.10.2014, document No.32 is Haematology Test Report dated 08.10.2014, document No.33 is Biochemistry Test Report dated 08.10.2014, document No.34 is Clinical Pathology Report dated 09.10.2014, document No.35 is Colonoscopy Report dated 09.10.2014, document No.36 is CT - Abdomen (P + C) report dated 09.10.2014, document No.37 is Microbiology / Serology report dated 09.10.2014, document No.38 is ECG report, document No.39 is Blood Bank Report dated 14.10.2014, document No.40 is Haematology test report dated 18.10.2014, document No.41 is bill cum receipt dated // 11 // 29.09.2014, document No.42 to document No.55 are receipts issued by Ramkrishna Care Hospital on various dates, document No.56 is legal notice dated 19.09.2014 sent by Shri Horilal Chandrakar, Advocate on behalf of the complainant to O.P. No.1, document No.57 is postal receipt. The complainant has also filed Medical Certificate issued by District Medical Board, Dhamtari (C.G.).

9. Miss Aarti Chandrakar, learned counsel appearing for the respondent No.1 (complainant) has argued that the complainant was taking treatment in respect of Thyroid from Dr. Umesh Lohana . Dr. Umesh Lohana instructed the complainant // 13 // for Sonography as per requirement. The complainant shown Sonogrpahy Report to the O.P. No.1 and informed him regarding her physical problem. The O.P. No.1 advised the complainant for removing the Uterus. The complainant was got admitted in the O.P. No.1 Hospital. The O.P. No.1 informed to the complainant that for the operation a sum Rs.20,000/- is required, which has been deposited by the complainant and Rs.4,000/- is required for the blood. The same was also deposited by the complainant. On 28.06.2014, the O.P. No.1 conducted operation of the complainant. After operation, the complainant could not get any relief and on the contrary the complainant suffered pain in her abdomen. The pain in the abdomen of the complainant was continuously increased, then on 30.06.2014, the complainant was shifted to I.C.U. but the complainant could not get any relief. The complainant was sent to Ramkrishna Care Hospital, Raipur on 02.07.2014 and the O.P. No.1 took a sum of Rs.1,800/- towards ambulance charges. On 02.07.2014, the complainant was got admitted in Ramkrishna Care Hospital, Raipur and the operation f the complainant was done and it was found that there is Rectal Perforation Peritonitis & Septicaemia which was occurred due to the negligent act of the O.P. No.1. Due to negligence of the O.P. No.1, the complainant suffered pain in her abdomen and also suffered financial loss, therefore, the complainant is entitled to get compensation from the O.P. No.1, as prayed by her in the complainant. The impugned order passed by the District Forum, is just and proper and does not suffer from any infirmity, irregularity or illegality. The appeal filed by the appellant (O.P. No.1) is liable to be dismissed.