RIZWANA SHAIKH Vs. LOVELEENA NADIR

JUDGEMENT

(1.) -ON account of alleged gross and sheer negligence as well as professional misconduct apart from breach of trust on the part of the OP, the complainant has, through this complaint, sought the following reliefs:

(2.) ALLEGATIONS of the complainant, who is 42 years of age and a mother of three children i. e. two sons and a daughter aged around 20, 19 and 12 years respectively, in brief, are that in the month of August/september 1999, she had pain in her abdomen and had a complete ultrasound of the whole abdomen on 1. 9. 1999. As per the report of the ultrasound, both her kidneys were absolutely normal in size, shape, position and echotexture and the conclusion of the report was large cystic, septated abdominopelvic mass ovarian.

(3.) THAT on 4. 9. 1999, the complainant consulted the OP No. 1 at Shyamlal Nursing Home, Daryaganj, New Delhi and she also confirmed that it is a case of ovarian cyst and advised the complainant for operation. The urine culture analysis was also done at the advice of the OP No. 1 which was also normal and pus cells were 0-2/hpf only. She again consulted the OP No. 1 on 8. 9. 1999 and the OP No. 1 again advised the complainant for operation by the method of laparoscopy/laparotomy under GA on 10. 9. 1999 at 8 a. m. as the diagnosis was ovarian cyst. On 19. 9. 1999 laparoscopic operation was done by the OPs at Shyamlal Nursing Home, Daryaganj. OPs started the operation at around 8. 30 a. m. and continued it upto 3 p. m. i. e. almost for 7 hours which got the complainants family members apprehended who were waiting outside the operation theatre anxiously. It is pertinent to mention here that this type of operation generally takes two to three hours to complete. After the operation which was stated by the OPs to the complainant's family to be successful, the complainant was shifted to the I. C. U. and it was observed at that stage by complainant's family that a catheter and one drain pipe in left side of the abdomen to the patient were attached. This fact coupled with the time taken by the OPs to complete the operation made the complainant's family assured that some thing wrong has been done to the patient. The complainant was in a very bad shape and her condition was deteriorating and due to this blood transfusion was done by the OPs on 11. 9. 1999.