KESHAVRAO V. YADAV Vs. DR. J.V.S. VIDYASAGAR & ORS. ORTHOPEDICS, ARTHOROSCOPY & SPORTS MEDICINE, DEPARTMENT OF ORTHOPEDICS, KAMINENI HOSPITAL

JUDGEMENT

(1.) The Facts:

(2.) The Complainant further averred that 09.06.2009, the news came out in the newspaper that Dr. Sunil Keshavrao Yadav died during the operation and the Anaesthetist Dr. Vivek Sawant had committed suicide. Then the Complainant was doubly sure that the death of his son was not natural but it was caused due to the negligence of the doctors at the CME. After gathering all the information, the Complainant filed an FIR with the Police at Sangli in Marathi language. The Complainant wrote several letters to the Managing Director of Yash Hospital to furnish the entire Medical Record of his deceased son. The Complainant further alleged that his son died on 07.09.2009 whereas the Medical Record was issued on 27.10.2009 without death certificate with wrongly mentioned time and place of death. It was further alleged that after the death of Dr. Sunil, the documents were created and intentionally mentioned that Dr. Sunil chose his Anesthetist. Even otherwise, it was the duty of the hospital and the surgeon to verify whether the Anesthetist was qualified to give a proper dose. Therefore, ample time was there to fabricate the Medical Record which speaks volume against the Opposite Parties about the concocted record. The Opposite Parties did not conduct mandatory post-mortem in the said case.

(3.) The Complainant set out the following points of alleged negligence caused by the Opposite Parties during surgical procedure and caused the death of his son: