GOBIND LAL Vs. SATISH KUMAR JAIN & ANR

JUDGEMENT

(1.) BRIEFLY stated the facts are that Sh. Gobind Lal, complainant was admitted in Balaji Charitable Hospital on 11.5.1999 due to some medical problem. He remained admitted there for some days and the doctor of the hospital advised him for stomach operation and for this purpose referred him to Sewak Sabha Charitable Trust, Hospital, Sirsa Road, Hisar. Accordingly he got himself admitted there on 18.5.1999. Dr. Satish Kumar Jain operated him for the problem of stomach and charged from him Rs. 5,000. However, at about 11.00 p.m. in the night on 18.5.1999 his condition became serious and there was bleeding from the stomach and Dr. Satish Kumar Jain was called several times but he did not turn up and came to see in the morning in routine. Dr. Satish Kumar Jain advised relatives of the complainant Gobind Lal that he was anemic and for that purpose blood had to be injected and accordingly he injected three units of blood but there was no improvement in his condition. He had apprehension that Sh.Satish kumar had performed the operation negligently and his condition further deteriorated. On 24.5.1999 Dr. Satish Kumar refused to give further treatment and asked his relatives to take him to some other doctor. Accordingly he was taken to Sapra hospital, Hisar where he was again operated upon and blood was injected and he remained admitted there from 24.5.1999 to 20.6.1999. It was alleged that Gobind Lal had to suffer financial loss as well as physical loss due to negligence and carelessness of Dr. Satish Kumar Jain.

(2.) DR . Satish Kumar Jain and Sewak Sabha Charitable Trust Hospital contested the complaint and stated that false and frivolous complaint has been filed with mala fide intention. They further stated that Gobind Lal had been suffering from enteric fever and blood vomiting before operation. Laparotomy was performed upon him and it was successful operation. Bleeding and vomiting had stopped and there was improvement in his condition. They expressed their ignorance regarding performance of operation by Dr. Sapra at Sapra Hospital, Hisar. Therefore, they prayed that complaint should be dismissed.

(3.) PARTIES adduced their evidence by way of affidavits.