LAWS(NCD)-2010-2-27

YOGINIBEN N PATEL Vs. DAKSHABEN

Decided On February 17, 2010
YOGINIBEN N PATEL Appellant
V/S
DAKSHABEN Respondents

JUDGEMENT

(1.) Appellant was the opposite party before the State Commission, where the respondent / complainant had filed a complaint alleging medical negligence on the part of the appellant.

(2.) Undisputed facts of the case are that the respondent / complainant approached the appellant for purpose of 'delivery', for which she was admitted on 28.10.94, whereafter a 'caesarean-section' operation was done on 31.10.94 resulting in, giving birth a baby girl. It was the case of the complainant that she had abdominal pain after delivery, for which she consulted the appellant. When the pain was not subsiding, the complainant was taken by her husband and they approached Dr. Paruben Raiyani of Gandhidham, who after getting a sonography report, carried out second surgery to remove the swab (piece of napkin like cloth of white colour). According to the complainant this was a clear case of negligence as the appellant / opposite party after carrying caesarean section for delivering the child left behind the swab affecting her health in the days to come. It is in these circumstances, a complaint was filed. The case was contested by the appellant by filing written version. Evidence were also filed from both the sides and deponents were cross-examined. The State Commission, after hearing the parties, allowed the complaint and directed the appellant to pay Rs.1,50,000/- as compensation alongwith interest @9% p.a. from the date of filing of complaint till payment. A cost of Rs.5,000/- was also awarded. Aggrieved by this order, this appeal has been filed before us.

(3.) We heard the Ld. Counsel for both the parties and perused the material on record. The only point of issue is whether the appellant left behind swab after carrying out the surgery on 31.10.94 or not?