BHUPINDRA MATERNITY HOME Vs. JAGDISH RAI SHARMA

JUDGEMENT

(1.) SUSHMA Devi in short "the patient") wife of Jagdish Rai Sharma respondent No. 1 and mother of Taranvir Sharma and Bharatvir Sharma respondent Nos. 2 and 3 had medical problem. She was examined on 19.5.1996 by Dr. Ranjit Kaur proprietor of Bhupindra Maternity Home, Faridkot appellant No. 1. The patient was advised to get conducted certain medical tests from Chandigarh Laboratory, Faridkot. After examining the medical reports the patient was told by Dr. Ranjit Kaur appellant that she had developed a tumour in her uterus and operation was the only alternative. The patient was admitted in the appellant Hospital on 8.6.1996 at 12.00 noon after receiving a sum of Rs. 10,000 as operation fee. At that time the patient was accompanied by her husband respondent No. l, his brother, brother's wife, patient's sister's husband, his sons and some other persons. The operation was started on that day at 2.30 p.m. The operation continued till 7.45 p.m. During the operation neither respondent No. l nor the other attendants of the patient were informed about the well being of the patient.

(2.) IT was further pleaded that suddenly at 7.45 p.m. Dr. Ranjit Kaur appellant No. l called respondent No. l inside the operation room and told him that the patient had died due to brain haemorrhage during the operation. Nothing was told to respondent No. 1 about the seriousness of the patient at the operation theatre during the operation period of about five hours.

(3.) IT was further pleaded that on the day of operation i.e. on 8.6.1996 Dr. Ranjit Kaur herself was having an injury on her leg and she was unable to walk properly. Therefore she did not perform the operation herself but she only supervised the same. The operation was conducted by Dr. Bhupinder Singh appellant son of Dr. Ranjit Kaur and by Dr. Mandeep Kaur respondent No. 5 (wrongly named as Dr. Manjit Kaur) daughter -in -law of Dr. Ranjit Kaur. These doctors, namely Dr. Bhupinder Singh and his wife Dr. Mandeep Kaur were neither surgeons nor they were competent doctors to conduct the operation for extracting the tumour from the uterus. Moreover Dr. Ranjit Kaur appellant had assured to conduct the operation herself and to call other specialist/expert doctors.