REKHA V KAMBLE Vs. M M AGRAWAL

JUDGEMENT

(1.) Complainant, widow of Mr. Vijay Kamble has preferred this complaint for award of compensation of Rs.18 lakhs and odd for the death of her husband caused on account of negligence in the treatment by the opposite party Doctors. Vijay Kamble was working as Asstt. Engineer in Public Works Department, Government of Maharashtra and was of the age of 33 years. He approached opposite party No.1 at his dispensary on 1.10.1994 due to abdominal pain. He also went to the same Doctor on the next time and again on 3.10.1994 Doctor advised him sonography of abdomen and x-ray and after receiving the report Doctor admitted the deceased Vijay Kamble on 3.10.1994 and operated upon him. However, during the course of operation Vijay Kamble died and according to the complainant, there was gross negligence on the part of the opposite parties in the surgery performed by them on the deceased. The deceased was gainfully employed and hence on the basis of that the above claim is preferred.

(2.) This was opposed by the opposite parties and it is contended that in the sonography and x- ray report intestinal obstruction was noticed which caused retention of urine and fever. This was dangerous and the operation was performed. The operation went on successfully but when the peritoneum was being stitched there was myocardial infarction and cardiac arrest had caused the death of Vijay. Since there was myocardial infartion, the resuscitative measures were adopted but they failed to revive the patient. The physician was also called. There was no history of heart attack of the deceased and myocardial infarction is unpredictable. It can happen any time even in the regular operation and on that count, the Doctors cannot avert heart failure.

(3.) The complainant lodged the complaint with the Police and the Police found that this was a complicated case of medical treatment, no action was taken, meaning thereby, no negligence was established on the part of Doctors.