ANITA NAGINDAS PAREKH Vs. ANIL C PINTO

JUDGEMENT

(1.) The original Plaintiff No.1 and Plaintiff No.2 were the heirs of one Prakash Nagindas Parekh, who expired on 20th February 1984 in KEM Hospital, Mumbai. Plaintiff No.1 expired pending the Suit. Plaintiffs 1(a) to 1(b) are the heirs and legal representatives of the original Plaintiff No.1 along with Plaintiff No.2. The Plaintiffs claim damages from the Defendant upon the tort of negligence.

(2.) The Defendant is a qualified practising Surgeon. The aforesaid Prakash Nagindas Parekh (the deceased) suffered from a condition called hyperhidrosis (excessive sweating). He was under the treatment of the Defendant who had performed a surgery medically called upper Dorsal or Cervical Sympathectomy which is a surgery to be performed on the hands (upper limbs) to alleviate the said medical condition. Sympathectony is a surgical excision of a part of the nervous system which causes hyperhidrosis. It is the Plaintiffs' case that the Defendant was negligent during course of the surgery as well as the pre and post operative care. The Plaintiffs have claimed damages upon such negligence.

(3.) The Defendant has denied negligence. He refutes the claim for damages.