DEVENDRA MADAN Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) This is an appeal against the majority order dated 14th October, 1994 passed by the State Commission, Rajasthan in Complaint Case No. 42/1993.

(2.) The basic admitted facts are as follows : The appellant No. 1 is the Consulting Surgeon at the J.D. Madan Nursing Home at Bandi Kui, in district Dausa. Appellant Nos. 2 and 3 are the mother and wife of appellant No. 1 respectively. Appellant No. 4 is the owner of the Diagnostic and X-ray Division located in the Nursing Home. The husband of respondent, Shri Kailash Chand Sharma is a resident of village Biwai, which is at a distance of 16 kms. from Bandi Kui. On 5th August, 1992 at 9.30 a.m. he was admitted in the said nursing home on complaints of severe abdominal pain with vomiting. After provisional diagnosis as "Ache Acute Abdominal pain with Gastute" and treatment in the evening (6 p.m.) of the same day he was discharged and left for his village. In the midnight between 5th/6th, he again developed severe abdominal pain and on 6th morning he was brought back to the nursing home where he was admitted at 10 a.m. Drip, injections and medicines were given on 6th, and on 7th a sonography was done. Sonography revealed stones in the gall bladder. The patient continued to receive medical treatment in the nursing home till 3.30 p.m. on 10th August, 1992, when he was discharged. He was admitted at the SMS Hospital, Jaipur at 6.30 p.m. Some medical treatment was given there, but the patient died at 5.30 p.m. on 11th August, 1992.

(3.) The wife of the deceased (present respondent) filed a complaint before the Rajasthan State Commission alleging gross negligence on the part of the present appellants in giving treatment in the nursing home. Her case is that :