DR. KIRAN AGRAWAL & ANR. Vs. GEETA KHALKHO

JUDGEMENT

(1.) The petitioners being aggrieved of the concurrent findings of the fora below holding them guilty of medical negligence and directing them to pay to the respondent-complainant a sum of Rs.2,30,093/- with interest at the rate of 6% per annum thereon from the date of filing of the complainant till the realization of the amount have preferred this revision petition.

(2.) The facts as revealed from the pleadings and record are that the respondent-complainant filed a consumer complaint against the petitioners-opposite parties alleging medical negligence in her treatment at the time of delivery of her child on 12-05-2010. The basis of the allegation of medical negligence as it appears from the record is that the opposite party No.1-doctor while conducting cesarean delivery left a surgical mop inside the abdomen of the complainant which had to be later removed by a subsequent surgery on 13-09-2010 at Arihant Hospital at the expense of Rs.30,093/-.

(3.) Both the fora below on consideration of the evidence came to the conclusion that the opposite parties were guilty of medical negligence as opposite party No.1 while doing cesarean section, left a surgical mop within the abdomen of the complainant which resulted in pain and suffering to the complainant.