RITU SHARMA Vs. RAJESH AND ORS.

JUDGEMENT

(1.) PETITIONER was the opposite party before the District Forum, where the respondent/complainant had filed a complaint alleging the case of medical negligence on the part of the petitioner.

(2.) BRIEFLY stated the facts leading to filing the case, were that the complainants wife Smt. Angoori Bala (hereinafter referred to as the deceased) underwent an MTP operation on 18.5.04 allegedly at the residence of petitioner, after charging a fee of Rs. 700. Subsequently, deceased developed septicaemia and pus, after which she was referred to Dr. Kamla Jain, R.K. Hospital, respondent No. 2. She was treated there for one month after which she was advised to go to a higher centre; subsequently, she went to Civil Hospital at Ahmedabad, where she died on 22.7.04. Thus, alleging a case of medical negligence, a complaint was filed before the District Forum, who after hearing the parties, dismissed the complaint. On an appeal filed before the State Commission, the appeal was allowed and petitioner was directed to pay Rs. 2,00,000 as compensation to the complainant within a period of one month from the date of receipt of the order failing which it was to carry interest @ 8% p.a. along with cost of Rs. 2,000. Aggrieved by this order this revision petition has been filed before us.

(3.) WE heard the learned counsel for the petitioner. The main plea of the petitioner throughout is that MTP was not carried out by the petitioner. When we see the record of R.K. Hospital, where she was referred to by petitioner Dr. Sharma, it is clearly written there in the Hospital Discharge Summary that the deceased Angoori Bala developed problem post -MTP. Date of MTP is given as 18.5.04 at Garoth Civil Hospital (M.P.) and patient was brought in septicaemia shock condition.