PRITI VAISH Vs. RABOO

JUDGEMENT

(1.) The brief facts are that the patient Smt. Rabbo consulted the OPs at Budaun, thereafter she underwent hysterectomy operation at A. P. Nursing Home (OP-3) which was owned by the OP-1 & 2 i.e., Dr. Priti Vaish and Dr. Ajay Vaish, Bareilly. It is alleged that the Complainant suffered Visico Vaginal Fistula (VVF). The Complainant refused to give the medical records. Thereafter, Complainant consulted Sangam Nursing Home in Bareilly and again she was investigated for ultrasound (USG) in Sudhir Nursing Home in Budaun, by Dr. Anjana Gupta and diagnosed that the patient was suffering from VVF due to negligence of OP.

(2.) The OP preferred first appeal before the State Commission which was also dismissed on the ground of limitation.

(3.) We have heard the Counsel for the parties. The Counsel for the Petitioner argued on following three points;