JASWINDER SINGH Vs. SANTOKH NURSING HOME

JUDGEMENT

(1.) Briefly stated the facts are that respondent No.2 Dr. Kuldip Singh Santokh is the proprietor of Santokh Nursing Home, Kothi No.846, Sector-38-A, Chandigarh. Smt. Ravinder Kaur was admitted in the said nursing home (respondent No.1) on 8.6.2004 at about 11.00 A. M. vide case sheet-Annexure R-2 for removal of Fibroid from her uterus as well as for total Hysterectomy. In the nursing home, she was operated upon by Dr. Rashmi Jain (respondent No.3) on 9.6.2004. She was kept under observation by respondent No.3 for a few days after operation and she was discharged on 13.6.2004 at about 11.00 a. m. She was told to revisit the nursing home for periodic examination. Accordingly, she visited the nursing home for periodic and regular checkups on 16.6.2004, 19.6.2004, 20.6.2004 till 30.8.2004. The said visits are reflected in Annexure C-1.

(2.) It was next averred that after the surgery, Smt. Ravinder Kaur developed some complications, including fever, persistent pain in the left abdominal area near the kidneys, drowsiness, nausea, loss of appetite, vomiting and unhealthy vaginal discharge. All these complications were brought to the notice of concerned doctor during checkups but at no point of time, she was advised ultrasound or Swab test. She also lost weight to the extent of 11 kgs. during the period 16.6.2004 to 1.9.2004, as indicated in Annexure C-1. Respondent No.3 only advised her to take antibiotics and no other measure was ever recommended to her by respondent No.3.

(3.) It was further averred that despite the exercise of due care and diligence on the part of Smt. Ravinder Kaur, her condition started deteriorating, instead of showing signs of improvement. She kept on complaining of abdominal pain coupled with nausea. Ultimately, another doctor working with respondent No.1 namely Dr. Sushmita Sharma advised Ravinder Kaur to get ultrasound done as well as to undergo Swab test vide Annexure C-2. Accordingly, she got conducted ultrasound test and as per record, two MOPS/gauges measuring 13" x 9" were found in her abdominal cavity. The report of ultrasound test is Annexure C-3 while report of Swab test is Annexure C-4.