LAWS(NCD)-2007-4-98

SHRAVAN KUMAR KAUSHAL Vs. P JAAMJOOT

Decided On April 25, 2007
SHRAVAN KUMAR KAUSHAL Appellant
V/S
P JAAMJOOT Respondents

JUDGEMENT

(1.) -BY this complaint, the complainants have alleged negligence against the opposite party doctors in the treatment of Smt. Ramdulari, the wife of complainant No. 1, Mr. Shravan Kumar Kaushal and mother of the complainant No. 2, Master Sonu. They have claimed compensation totalling to Rs. 15,00,000. 1. The facts as depicted by the complainant No. 1, Mr. Shravan Kumar Kaushal are that his wife (hereinafter referred to as the deceased consulted opposite party No. 1, Dr. P. Jaamjoot, and opposite party No. 2, Dr. (Smt.) Anjali Patwardhan for her delivery of her first child, on 16. 2. 2000. They advised admission in the hospital. On 20. 2. 2000, the day of her delivery, Dr. Jaamjoot assured them that it would be a normal delivery, but he later changed his stand and the deceased was operated around 5. 30 p. m. After around 45 minutes the doctors came out of the operation theatre and informed them that the operation was successful.

(2.) MR. Kaushal further states that after the operation both the doctors left the hospital. They informed the nurse on duty to give one bottle of blood to the deceased, and to call them on their mobile or pager in case of any problem. After the doctors left, the deceased started bleeding heavily. Mr. Kaushal repeatedly asked the nurse on duty to call the doctor. They were assured that doctors were coming. As her condition deteriorated, the deceased was taken to the ICU. However, the doctors came to the hospital only around 9. 30 p. m. They went to the ICU twice for a few minutes, and then went to their office. They were not able to give any assurance regarding the condition of the deceased. At the insistence of Mr. Kaushal and his friends, they went to ICU again. When they came out they informed them that she had expired.

(3.) MR. Kaushal has alleged that the doctors were unable to stop the bleeding. They also did not provide any oxygen to the deceased as a result of which she expired. An FIR was made at 2. 15 p. m. He further alleges that due to their high contacts and political connections, the opposite parties had an incorrect post-mortem report made in collusion with Government doctors. On the complaint made by him an inquiry was constituted against the opposite parties, by the doctors of MGM Medical College, Indore.