CHANDRADEEP RAI Vs. ALOK KUMAR

JUDGEMENT

(1.) The brief facts to dispose of this Revision Petition are that on 9/12/2004, the Complainant's wife (hereinafter referred to as the 'patient') underwent abdominal hysterectomy at Shanti Memorial Nursing Home (hereinafter referred to as the 'nursing home') as advised by the OP-Dr. Alok Kumar. The patient was discharged on 18/12/2004. Thereafter, she developed some complications and consulted Dr. K.P. Roy at Hajipur who further referred her to Dr. Rajeshwar Thakur, Patna, who operated the patient on 21/12/2004 and 30/12/2004. Patient was kept under treatment, but, unfortunately after one month, the patient died on 30/1/2005. Being aggrieved, her husband filed a Complaint before the District Forum, Vaishali at Hajipur.

(2.) The OP filed the Written Version and denied any negligence during the treatment. The OP further submitted that he neither advised the operation nor performed the operation, but provided his nursing home for the operation and treatment facilities. The operation was performed by Dr. Rajeev Ranjan and others. Therefore, the Complaint was bad for non-joinder of the parties.

(3.) The District Forum considering the evidence and appraisal of pleadings allowed the Complaint partly and directed the OP as below: