VEENA MAHAJAN Vs. VED KUMAR GUPTA

JUDGEMENT

(1.) -BRIEFLY stated the facts are that Sh. Subhash Mahajan was A-class Government contractor, whose annual income was more that Rs. 5 lacs. Smt. Veena Mahajan-complainant No. 1 is his widow while complainant Nos. 2 to 6 are his children and all were dependent upon him.

(2.) IT was next averred that on 14. 4. 2001, Subhash Mahajan visited the hospital known as Dr. Ved Hospital, Heart Care and General (Amritsar) and Dr. Ved Gupta-OP No. 1and Dr. B. B. Goel OP No. 2 declared that he was suffering from Cholilithiesis and chronic obstructive airway disease as mentioned in OPD card. He was advised by OP Nos. 1 and 3 to be admitted immediately in their hospital for operation/surgery for removal of gall bladder with the help of laparoscopic Cholecystectomy. Thus, on their advice, he got himself admitted in the hospital on the same day.

(3.) IT was further averred that he was a known COAD case but neither his X-ray (chest) was done to rule out any lungs disease, nor any ECG test was taken to rule out any cardiac disease which showed great negligence on the part of OP Nos. 1 and 3. OP No. 1 being not a surgeon, was not competent to admit and operate Sh. Subhash Mahajan because he was medical specialist but OP No. 1 admitted him for greed to extort money through unfair means. The operation theatre maintained by them was not having proper facility for conducting operation/surgery in his hospital.