MEDICAL SUPERINTENDENT KASTURBA HOSPITAL Vs. FATHIMA BI

JUDGEMENT

(1.) 1St petitioner Medical Superintendent, Kasturba Hospital, 2nd and 3rd petitioners nurses of the said hospital are before this Court praying to issue writ of certiorari to quash the order dated 2.8.2012 on the file of the second respondent Karnataka Medical Council, Bengaluru, as per Annexure-A, consequently, the complaint of the first respondent Smt.Fathima Bi may ordered to be rejected.

(2.) It is the case of the petitioners that 1st petitioner is the Kasturba Hospital, which is a famous hospital in India, petitioners 2 and 3 are nurses working in the said hospital. 1st respondent's child Mohammed Rafi died in the said hospital on 9.10.2010. 1st respondent has alleged that the petitioners are the cause for the death of the said child on account of negligence on the part of the petitioners and lodged the complaint before 2nd respondent - the Karnataka Medical Council. The 2nd respondent issued notice to the present petitioners and conducted enquiry and passed the impugned order dated 2.8.2012 holding that the complainant has failed to prove negligence on the part of the doctors. The nurses - respondents No.4 and 5, (petitioners No.2 and 3 herein) were negligent. Therefore, directed 1st respondent (1st petitioner herein) to take action against respondents No.4 and 5 (petitioners No.2 and 3 herein) for their negligence. Hence, the present writ petition is filed.

(3.) I have heard the learned counsel for the parties to the lis.