MANJU GARG Vs. GOEL HOSPITAL AND ANR.

JUDGEMENT

(1.) Complainant, Smt. Manju Garg, the widow of the deceased Shri Pawan Kumar Garg, has filed this complaint alleging medical negligence on the part of the opposite party, Goel Hospital and its owner Dr. Mahavir Goyal, 2nd OP, with his hospital at Jagadhari, Haryana.

(2.) The facts of the case are that the deceased had gone for some work to Jind in connection with his business on 4.11.1994 where on account of some reasons, he sustained injury on his arm where he consulted a local Doctor, who bandaged the arm after which the deceased came back to Jagadhari, the same day.

(3.) As per complaint, the deceased consulted Dr. Kohli, the same day who, as per material on record advised operation. Perhaps with a view to have a second option, the deceased was taken to the Hospital, 1st OP on 5.11.1994 at about 1.30 a.m, where it is alleged that the 2nd OP took the deceased to the Operation room. After some time the brother and father of the deceased, who had accompanied the deceased, noticed the compounder of the Hospital making frantic efforts to get in touch with another Doctor on phone. On inquiry the brother and father of the deceased were told that after injecting some medicine on the body of the deceased, his condition has become critical. At about 2.30 p.m., the second OP came out of the Operation room and when the relatives of the deceased went inside the operation room, they found Shri Pawan Kumar Garg already dead. Since they were in deep sorrow, autopsy on the body was not performed. After several days of the death of late Pawan Kumar Garg, an F.I.R. was lodged with the Police who started investigation into the matter. Legal notice was also served on the 2nd OP to reply to this notice it is stated that Shri Pawan Kumar Garg when he went to the 1st OP Hospital was in good health. It is alleged that he died on account of the negligence on the part of the second OP. It is also alleged that the 2nd OP was not equipped to handle the operation of the nature sought to be performed by him on the deceased. There was no Anaesthesiologist in the Hospital, a medicine by name of Penthol was administered, from which late Shri Pawan Kumar Garg did not revive. According to the complainant, in the reply to the Legal Notice, the allegation that the patient had certain cardiac problem is ill-conceived and is an afterthought.