JANAK RAJ DHAMI Vs. MANJU GUPTA

JUDGEMENT

(1.) The dispute relates to medical negligence determined against the Petitioners during the cholecystectomy surgery causing death of Respondent No.1 / Complainant Manju Gupta's husband.

(2.) The brief facts are that on 4/1/2008, the Complainant's husband, Mr. Dinesh Gupta (since deceased referred to as 'patient') underwent laparoscopic Cholecystectomy in Shakuntala Nursing Home, performed by Dr. Vikas Gupta, the OP-4. On 6/1/2008, the patient post-operatively developed duodenal perforation and in critical condition shifted to Sir Ganga Ram Hospital, (SGRH) Delhi for ICU facility and further management. After four days on 10/1/2008, the patient died during treatment at SGRH. The Post Mortem (PM) report revealed the cause of death as septicemia due to duodenal perforation following laparoscopic cholecystectomy. Being aggrieved, the Complainant filed a complaint before the District Forum, Sheikh Sarai, New Delhi.

(3.) The OPs resisted the Complaint and denied negligence during operation. They submitted that the treatment was given as per the standard practice. It was submitted that the nursing home was well-equipped. The OP-3, Dr. Bhupender Dhami was falsely implicated as he was not present during the treatment. The Insurance Companies denied any negligence of the doctors and their liability. The OP-5, Dr. Mohit Garg submitted that he was an Anesthetist and his role was limited. He had no role in performing operation or to handle the post-operative complications.