GOPAL VASHISTH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This complaint has been filed by Sh. Gopal Vashisth and his son and daughter for recovery of Rs.10,00,000/- as compensation on the death of Smt. Richa Sharma, wife of the complainant No.1 Sh. Gopal Vashisth and mother of other two complainants due to the medical negligence of the opposite parties.

(2.) The brief facts of the case are that Smt. Richa Sharma under the treatment of opposite party No.2, Dr. Kusum Lata Sagar posted as Medical Officer in S. P. S. Hospital, Rishikesh, District Dehradun. It is said that Smt. Richa Sharma was pregnant and she became sick on 1.6.2002. She contacted Dr. Kusum Lata Sagar at her reisdence. She demanded a fee of Rs.500/-. The complainant No.2, Sh. Gopal Vashisth (hereinafter called the complainant) paid only Rs.300/- to the opposite party No.2. She gave injection to Smt. Richa Sharma. She went home. On the same date at about 10.00 p. m. Smt. Richa Sharma felt stomach ache. She inquired about Dr. Kusum Lata Sagar and found that she has gone to hospital. The complainant took her wife Smt. Richa Sharma to the hospital. The complainant paid a sum of Rs.500/- to Dr. Kusum Lata Sagar. She asked not to inform anybody about taking of the fee. The complainant got an emergency slip from the counter on payment of Rs.25/-. It is said that on the direction of the opposite party No.2, one Nurse had shown a piece of muscle and it was revealed that this was the root cause of stomach ache. The opposite party No.2 prescribed some medicines and went to the house. On 2.6.2002 the opposite party No.2 told that Smt. Richa Sharma is all right and she was discharged from the hospital on 2.6.2002.

(3.) Again on 3.6.2002 at about 7.00 or 8.00 p. m. , Smt. Richa Sharma started vomiting and suffered from dysentery. The complainant brought Smt. Richa Sharma to the house of the opposite party No.2 and found that she has gone to Dehradun. Smt. Richa Sharma was taken to the hospital. There was some lady doctor (her name has not been disclosed, during the arguments it came out that she was Dr. Panwar, not a party to this case ). In the meantime Dr. Kusum Lata Sagar, opposite party No.2 came and she found that Smt. Richa Sharma was suffering from diarrhoea. She was admitted in the hospital. On 4.6.2002 Smt. Richa Sharma was shifted to the upper ward. Opposite party No.4 Dr. Rakesh Bansal checked Smt. Richa Sharma. He prescribed certain medicines, which the complainant brought from outside. At about 3.00 or 4.00 p. m. the complainant informed the Nurse on duty that Smt. Richa Sharma is in critical position. He was asked to go to emergency room, where opposite party No.3 Dr. Sanjay Kansal was on duty. When the complainant met the opposite party No.3, he asked who was treating Smt. Richa Sharma. The complainant replied that it was Dr. Rakesh Bansal, opposite party No.4, then the opposite party No.3 refused to attend because Smt. Richa Sharma was being treated by Dr. Rakesh Bansal, another doctor, opposite party No.4. Then the opposite party No.4 was requisitioned on telephone. Opposite party No.4 called for some medicines and injections from outside hospital. Because of treatment by opposite party No.4, Smt. Richa Sharma slept for 2-3 hours. Again when she arose from her sleep, she complained of motions but Dr. Rakesh Bansal told that she is all right. At 9.30 p. m. Smt. Richa Sharma again became critical. When the complainant went to call opposite party No.4, he refused to come. The complainant also called one Dr. Srivastava from outside. He informed that Smt. Richa Sharma has a brain haemorrhage and there are no chances of survival. Smt. Richa Sharma died on 5.6.2002. Time not disclosed but during arguments it came out that she died at 5.00 p. m. The news of negligence of the doctors and wrong treatment was published in newspaper. On public demand an inquiry was ordered. The complainant attended the inquiry. The inquiry report has been submitted but the complainant was not given the copy of the inquiry report. It is said that due to the negligence of the doctors Smt. Richa Sharma died. On this ground compensation has been claimed.