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Subject : MAINTAINABILITY OF SECOND TIME COMPLAINT IN NCDRCBack
Question : Details about my case. I am aged 42 years, patient of Spina Bifida by birth and its associated problems like incontinence of urine and bowels, and walking with elbow crutches. In the year 2002 when I was 25 years old I went to consult a pediatric urologist in children hospital as it was by childhood problem. After consulting the doctor he advised me to undergo bladder augmentation with appendicular vasicostomy operation for urinary incontinence, which will be beneficial for managing with urinary incontinence. He had performed only MCU test before going for the operation and no other pre-operative test were done which was compulsory as per the medical literatures. On 7th November 2002, the surgery was performed with a special permission in a children’s hospital. For performing this operation doctor did not take my consent, only consent of my mother was taken. For performing this operation lumbar puncture was done to give epidural analgesia / anesthesia which is contraindicatory in spina bifida cases (HAVING PROOF OF MEDICAL LITERATURE). After the lumbar puncture I lost sensation in both my legs below knees whereas before the operation the loss of sensation was only below ankles. The doctor had promised the above said surgery but he performed only bladder augmentation and I was left with Suprapubic catheter lifelong to drain urine. I was discharged from the hospital on 30-11-2002 without treating the loss of sensation and giving any solution for half hazard operation done by doctor, it was a government hospital managed by the trust and I was admitted in paid ward. After getting discharged I got the IPD papers in 2004, by the intervention of Maharashtra Human Rights Commission, after getting IPD papers I filed a case in Maharashtra State Consumer Disputes Redressal Commission, in February 2005. The case got dismissed in limine in March 2006, there after I appealed to National Consumer Dispute Redressal Commission. The Complaint was reverted back in December 2007, to the State Commission again. There after the return submission were filed by OP’s the doctor and the hospital. In March 2009, the case got dismissed relying upon doctors wrong statements (CAN BE PROVED BY THE JUDGMENT COPIES OF THE COURT ON RECORD.). Further again I appealed to National Consumer Dispute Redressal Commission. On 14-10-2014, the National Commission passed the order holding the doctor guilty for uninformed consent and imposed a fine of Rs.25000/- against my claim of 42,00,000/-. I filed the Review Petition as the doctor had appeared and heard by the judges next day after final arguments were over and the case was reserved for judgment, which is against the Supreme Court guidelines (CAN BE PROVED ON RECORD), I further appealed to Supreme Court by SLP in April 2015, the SLP was also dismissed on July 2015. In the year 2013, I had to undergo amputation of my right leg through knee due to loss of sensation and non-healing wound, in 2014 my left leg got infected due to cellulitis, because of loss of sensation. In 2015-16 a huge bladder stone was detected in the urinary bladder due to the incomplete operation and long term retention of Supra Pubic catheter. In May 2016, the bladder stone was operated. Based on the above facts and with the doctors written opinion, I have filed a fresh complaint in NCDRC under the discovery of new fact and fresh and continues cause of action and I am complainant in person representing my own case in court. My case got admitted and the notice have been issued to all the OP’s. All Papers exchange and interrogatory is over between all the OP’s and the complainant and now the court has passed the order to prove the maintainability of the second complaint in NCDRC. How I can prove the maintainability of the second complaint in medical negligence matter in NCDRC? What steps I can take so that my case does not get dismissed in NCDRC? Awaiting your early reply. Thanking you, Yours truly.
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