TALWARS NURSING HOME Vs. MANJIT SINGH & ORS

JUDGEMENT

(1.) JAGIR Kaur (in short "the patient") was the mother of Manjit Singh, Ravinder Singh and Amarjit Kaur respondent Nos. 1 to 3 and wife of Angrej Singh respondent No. 4 (in short "the respondents"). She was 58 years old. She was having good health.

(2.) IT was further pleaded that in the month of April, 2002, she started vomiting and had developed pain in the stomach. She was got checked from Dr. B.D. Gupta of Lalgarhi Hospital, Hanuman Garh (Rajasthan). He had advised endoscopy of the patient. The endoscopy of the patient was got done from Dr.Ravinder Sharma of Chandigarh Hospital, Sri Ganga Nagar. It was shown to Dr. K.N. Babbar, Senior Medical Officer, Sito Guno, respondent No. 6 who reported that there was tumour in the stomach of the patient and he had advised the patient and her husband Angrej Singh respondent No. 4 to consult Dr. Sumit Talwar appellant (in short "the appellant") of Talwar Nursing Home (in short "hospital"). Dr.Babbar also accompanied the patient to the hospital of the appellant on 19.4.2002. Dr.Anita Talwar respondent No. 5 was the wife of the appellant. She was also working in the hospital. The patient was admitted in the hospital. The samples of the patient were taken and were sent to the Laboratory.

(3.) IT was further pleaded that the patient remained under the treatment of the appellant in the hospital. The patient was operated upon on 22.4.2002 at about 6.00 p.m. in the hospital by the appellant and respondent No. 6 without obtaining the consent of the patient or of her attendants/husband and even without receiving the report of the medical tests from the Laboratory.