SANJAY KUMAR VERMA Vs. GANGOTRI NURSING HOME

JUDGEMENT

(1.) Shri Sanjay Kumar Verma, the complainant in this Original Petition No. 26 of 1999 had initially filed a complaint alleging medical negligence against the following opposite parties:

(2.) The gist of his allegations in the complaint was that for an innocuous complaint of moderate pain and swelling in the left knee joint, the father of the complainant was diagnosed as a case of aspiration of left knee joint whereas it was a case of septic arthritis. On being approached with the problem, the Nursing Home authorities referred the deceased to Dr. S. Muhury, the Orthopedic Surgeon, who was a consultant of the Nursing Home on 13th of February, 1998. On the advice of Dr. Muhury the deceased was admitted into the Nursing Home on 17th of February, 1998 and was operated by Dr. Muhury on the same day. On being informed that the condition of the patient after the operation was good, he was discharged from the Nursing Home on the same day. Subsequently, however, the condition not only did not improve but started deteriorating. Therefore, the patient had to be again taken to Dr. Muhury, who diagnosed the problem to be that of gastritis and changed the lot of earlier medicines and assured him that the wound was healthy and should not cause any worry. The condition, however, even thereafter did not improve and the patient had to be readmitted on the 26th of February, 1998 where he reportedly suffered from a mild heart attack at about 2 O'clock in the afternoon while under the treatment of Dr. Muhury. Subsequently, the patient was referred to the Tata Main Hospital on the same day where he remained under their treatment until the 12th of March, 1998 when he finally expired.

(3.) The thrust of the complaint as could be gathered from the complaint and amended complaint which was subsequently filed are targeted against the negligence on the part of Dr. Muhury. A plain reading of the complaints do not allege any negligence on the part of opposite party no. 3 i. e. Tata Main Hospital, where the patient remained from 27th of February to 12th o March, 1998, mostly in a state of coma and where the patient finally expired. Insofar as the opposite parties no. 1 and 2, the Nursing Home, are concerned, the allegations are not only vague but lack any material particulars with regard to the exact nature of deficiency on their part. The prime allegations are, however, against Dr. S. Muhury, the operating orthopedic surgeon, who, however, was originally not impleaded as an opposite party.