ANSARI HOSPITAL Vs. NITIN KUMAR

JUDGEMENT

(1.) APPELLANT No. 1 -hospital has no licence nor has it an ICU facility. One young woman Smt. Ritu @ Puja Verma felt pain in the right side of her abdomen and shifting pain in right side of lower back. Respondent Dr. Arvind Kumar prescribed some medicines to her and advised some clinical tests. On examining the tests report, he advised the unfortunate woman to go for operation for removal of gall bladder stone. Dr. Arvind Kumar arranged to undertake the operation by means of laparoscopic method in appellant No. 1 hospital against payment of Rs. 20,000. She was taken to the operation theatre at around 9.15 a.m. and after about an hour an ambulance was called from Bhagat Hospital as there was some complication in the midst of the operation as she developed rashes on her body and her blood pressure lowered considerably requiring immediate management. Since there was no facility available in the appellant No. 1 hospital, she was taken to Bhagat Hospital. On reaching the said hospital she was declared having been brought dead. The cause of death was overdose of anaesthesia administered by the appellant No. 2 Dr. Monika Gupta. Her husband and minor son filed the instant complaint before District Forum for compensation alleging medical negligence and deficiency in service on the part of the appellants.

(2.) VIDE impugned order dated 12.1.2007, the District Forum allowed the complaint by awarding compensation of Rs. 500,000 by holding the appellants and other doctors jointly and severally liable. Out of the awarded amount of Rs. 2,00,000 were payable by appellant No. 1 Ansari Hospital, Rs. 1,50,000 were to be paid by appellant No. 2 Dr. Monika Gupta and Rs. 75,000 were to be paid by Dr. Arvind Kumar and Dr. Anil Wadhwa to the husband and minor of the deceased Smt. Puja Verma.

(3.) FEELING aggrieved the appellants have preferred this appeal.