PREM PRAKASH RAJAGARHIA Vs. NAGARMAL MODI SEWA SADAN

JUDGEMENT

(1.) This is a case with the allegation of medical negligence. According to Halsbury's Laws of England, 4th Edition, Re-issue Vol. 30 (1) Para 197 to establish liability on that basis, it must be shown :

(2.) Case of Complainant:

(3.) Thereafter, the complainant took his wife to Nagarmal Modi Sewa Sadan Lake Road Ranchi, OP 1, for surgery and she was admitted on 24.12.1998. On the same day, at about 7.30PM, Dr. Raman Garodia OP No.2 informed the complainant that the deceased will be operated on 25.12.1998 at about 7.00AM or at about 7.30AM. It is averred that OP No.2 fixed the date of operation of the patient without conducting any laboratory or physical examination. On 25.12.1998, at around 8.00AM, the deceased was taken to the operation theatre. She suddenly became unconscious and fell down at the door of the operation theatre. Dr.Raman Garodia, called the ward boy and directed him to take the patient to her room and informed the complainant that the patient would be operated at about 9.00 AM, after one hour. No dose of anti-biotic was prescribed before operation. No injection was given to control the pain so that the patient may feel comfortable and the patient may sound normal at the time of operation. OP 2 did not physically examine the patient when the patient had fallen down at the door of the operation theatre. OP 2 called the patient for operation at about 9.30AM. It is alleged that no ultra sono guidance was obtained and no ultrasonography was conducted.