PUSHPA BHATNAGAR Vs. M/S. VARUN HOSPITAL

JUDGEMENT

(1.) Smt. Pushpa Bhatnagar, the complainant/appellant, filed this first appeal under Section 19 of the Consumer Protection Act, 1986 against the order dated 16-10-2014 passed by Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred as State Commission) in Complaint Case No.71 of 2003.

(2.) Mr. Jaiprakash Bhatnagar, an advocate by profession since deceased (hereinafter referred as the "patient"), on the evening of 17.01.2002, sustained fracture of upper arm near shoulder and took treatment in the nearby Ortho Care Centre. In the evening of 19.1.2002, he was admitted in Varun Hospital i.e. OP1 under care of Dr. K.K. Singh (OP3), an orthopaedic surgeon. Without performing any pre-operative examination, the anaesthetist Dr. Sanjay Bhargava (OP-2) fixed the operation on the next day morning. Accordingly, on 20-01-2002 at 6:30 A.M. the patient was taken to operation theatre, OP2 and OP3 performed the operation. At about 10 A.M., the OP-doctors came out of OT and informed the patient's relatives that operation was successful at 9:15 A.M and patient will come out soon. Thereafter, at 10:45 A.M. the OP 2 and 3 came out and first time informed the complainants and the other relatives that the patient expired due to heart attack in OT. Dr. Ajay Singhal, a cardiologist was called, it took almost 30 minutes, thereafter, the patient passed away. The post-mortem was conducted. At 11.00 A.M. the complainant-1, Smt Pushpa Bhatnagar ( wife of deceased) lodged a FIR under Section 304A, IPC against the OP for causing death due to negligence. Thereafter, in 2003, the complainants filed complaint before the State Commission.

(3.) The State Commission dismissed the complaint. Therefore, aggrieved by the impugned order the complainants preferred this first appeal.