~ The mere occurrence of some types of accident is sufficient to imply negligence.
• Background of the case:
~ The patient was suffering from a knee problem so she consulted specialist 1 who advised her for knee replacement for which she got admitted and the surgery was done.
~ As the patient was not feeling well, she again visited specialist 1 and also tried to contact the treating hospital to no avail.
~ She then consulted specialist 2 with a complaint of pain who told her that the replacement of her left knee was not proper in an angle which was resulted in the tilted shape of the left leg.
~ Following this, she consulted specialist 3 who told her that her left knee would have to be replaced again, she underwent successful surgery, felt relief, and began to walk again.
• Complainant's allegation:
~ The complainant alleged that due to negligence, specialist 1 had not properly fixed the knee in the bones and they were badly damaged.
~ The complainant had to undergo another knee transplant costing around Rs 5,70,000 along with Rs 2 lakh- the expense to travel to Delhi along with the attendant.
• Doctor's Defense:
~ The treating doctor and hospital denied all the allegations and submitted that the consent of the complainant was taken for the specialized procedure which was duly signed by her son.
~ Proper care of the patient was taken and that the patient was discharged in walking condition, also focusing on the vast experience and success rate of the treating doctor.
• The Commission held that:
~ The Commission opined that the complainant had to consult a second doctor because the knee replacement by the treating doctor was not successful.
~ Affidavit by specialist 2 mentioned that the complainant's knee tibial component was malpositioned due to which she was having pain and problems in walking.
~ Holding the Ortho Specialist and hospital liable for malposition of the tibial component of knees after surgery, the Commission, has directed them to pay a refund of the amount spent by the patient for the medical procedure at the treating hospital.
Distt Consumer Disputes Redressal Commission Jalandhar