ANITA SENA FERNANDES Vs. V N SHRIKHANDE

JUDGEMENT

(1.) At the stage of admission of this complaint, important point of law was raised by the Counsel for the O.P. It was pertaining to the fact whether the complaint has been filed within limitation. Since, it was very important issue germane to the maintainability of the complaint, we allowed both the parties to file affidavits in that behalf.

(2.) We heard Mr. J. Rodrigues, Advocate for the complainant and Mr. A.I. Talegaonkar, Advocate @ Mr. U.B. Wavikar, Adv. for the O.P in extenso.

(3.) It was submitted on the part of the O.P. Dr. Shrikhande that in the complaint filed by complainant Mrs. Anita Fernandes, she had levelled charges of medical negligence against him for the operation Dr. Shrikhande had performed on 26.11.1993 where Dr. Shrikhande had operated her for gall-bladder ailment and ultimately she was discharged from the Hospital on 30.11.1993. According her on 25.10.2002 she was again operated, at Lilawati Hospital, Mumbai and in the said operation, in her abdomen mass-lesion gauze was found left by the O.P. and it was detected only at the time of second operation and therefore she asserted that there was medical negligence on the part of the O.P. while performing operation of gall-bladder on 26.11.1993.