JOGINDER SINGH Vs. RAJEEV KUMAR MAJUMDAR

JUDGEMENT

(1.) THIS is a case of alleged medical negligence against M/s. Sun Flag Hospital and Research Centre, Faridabad, the treating doctors and the staff of this hospital (opposite parties ). The important issues to be decided in this case, inter alia, are as follows:-

(2.) A detailed analysis of the case will provide answers to these issues. Case of the complainant in brief: the complainant no. 1 Sh. Joginder Singh is the husband of the patient Smt. Jasbir Kaur (now deceased) and complainants no. 2 and 3 Jasprit Singh and Balwinder Singh are the sons of the deceased. Smt. Jasbir Kaur was got checked in the OPD of the respondent no. 6 hospital, viz. , M/s Sun Flag Hospital and Research Centre, Faridabad (in short, the Hospital) and it was opined on 8. 10. 96 by respondent no. 1 - Dr. Rajiv Kumar Majumdar (in short, Dr. Majumdar), the surgeon that she had a stone in her right kidney. On 3. 12. 96, she was checked again and it was found that her right kidney stone has enlarged and resulted in the kidney getting damaged and further the left kidney also had a stone.

(3.) THEREFORE, the surgeon Dr. Majumdar advised Smt. Jasbir Kaur to get herself admitted for the purposes of taking treatment and also for the surgery of her kidney. He assured her and the complainant that she would get the best facilities and services in the hospital and since he was the surgeon in charge of the surgery, the operation would be done under his control, there will be no problem. After admission, she was advised to go through several tests and found fit for the surgery, which was performed on 09. 12. 96.