POONAM VERMA Vs. ASHWIN PATEL

JUDGEMENT

(1.) The grievance put forward by the complainant in this Original Petition is that by reason of alleged negligence and deficiency in service on the part of Opposite Parties Nos. 1 & 2 namely, Dr. Ashwin Patel, Bombay and Dr. Rajeev M. Warty, Bombay in the matter of properly diagnosing and treating the illness of her deceased husband Mr. Pramod Verma, who was the only bread-winner of the family supporting of herself and her two minor sons as well as his aged parents, he died a premature death at the young age of 35 years and hence the Opposite Parties should be made to pay adequate compensation to her for the irreparable loss caused to the family by reason of their negligence and carelessness.

(2.) The complainant's case as set out in the original petition is that the deceased Shri Pramod Verma, complained of fever on the evening of 4th of July, 1992. The complainant called to their residence Dr. Ashwin Patel (Opposite Party No. 1) for examining her husband. The said Doctor was residing in the same housing colony and he had treated the members of the family on earlier occasions. The Opposite Party No. 1 came to the complainant's house, examined Mr. Pramod Verma and prescribed certain medicines. According to the complainant, the first Opposite Party treated her deceased husband from 4th July, 1992 to 6th July, 1992 for viral fever and thereafter from 6th July to 12 July, 1992 he gave medicines for Typhoid fever without getting done any pathological investigations such as blood test etc. for confirming the cause of the ailment.

(3.) The complainant contends that in administering strong antibiotics to the patient initially for treating viral fever and subsequently for Typhoid without getting the blood test, urine examination etc. conducted, the first Opposite Party was guilty of grave negligence and carelessness and this was responsible for the deterioration in the patient's condition necessitating his being admitted into a nursing home as inpatient on 12th July, 1992. The complainant has also alleged that Opposite Party No. 1 was not qualified or authorized to practice the Allopathic system of medicine and prescribe Allopathic drugs and his lack of adequate expertise in the Allopathic system of medicine was responsible for deficiency in the treatment administered by him to the deceased Shri Pramod Verma.