MANISH BAGHEL Vs. SARVODAYA HOSPITAL

JUDGEMENT

(1.) The Appeal arises out of a medical negligence complaint filed by the Appellant against the Respondents Nos. 1 and 2 regarding the treatment of Smt. Varsha Baghel, the wife of the Appellant No. 1 and the mother of the Appellant No. 2. The background of the dispute is that having pain in her abdomen, the patient came for treatment to Shubhkamna Hospital, where the problems in her ovary were detected and diagnosed as Ovary Torsion. She was advised surgery for removal of the growth. Accordingly to the Respondent No. 1, she had been advised an open surgery, but she came to the Respondent No. 1 Hospital on her own choice for getting a laparoscopy conducted. This has been disputed on behalf of the Complainants - Appellants about which reference shall be made hereinafter.

(2.) Nonetheless, the patient was admitted on 14/10/2013 at Sarvodaya Hospital, the Respondent No. 1 herein and she was operated upon through laparoscopy by Dr. Sushma Verma and Dr. Dileep Verma. It is also the case of the Respondents that the patient Smt. Varsha Baghel was related to one Dr. Meera Baghel, who had recommended her to this hospital and was also present at the time of diagnosis and surgery.

(3.) Post surgery, the tissues were sent for biopsy that was conducted on 15/10/2013 and a detailed report was submitted by Dr. Renuka Gahine of M/s. Vibha Colour Sonography & Diagnostic Centre, the Respondent No. 2 herein. The opinion expressed was of an impression suggestive of mucinous cystadenoma. The report is extracted hereinunder: