J N SHRIVASTAVA Vs. RAMBIHARILAL
LAWS(MPH)-1980-6-1
HIGH COURT OF MADHYA PRADESH
Decided on June 27,1980

J.N.SHRIVASTAVA Appellant
VERSUS
RAMBIHARILAL Respondents


Referred Judgements :-

MARSHALL V. CURRY [REFERRED TO]
ROE V. MINISTER OF HEALTH [REFERRED TO]



Cited Judgements :-

SUKUMAR MUKHERJEE VS. MALAY KUMAR GANGULY [LAWS(CAL)-2004-3-15] [REFERRED TO]
C S SUBRAMANIAN VS. KUMARASAMY [LAWS(MAD)-1994-2-20] [REFERRED TO]
SAKIL MOHAMMAD VAKIL KHAN VS. PERIN IRANI [LAWS(BOM)-1999-2-88] [REFERRED TO]
ADMINISTRATOR VS. MASTER SHIVARAJ & SHIVAKUMAR [LAWS(NCD)-2015-5-140] [REFERRED TO]
KLE SOCIETYS HOSPITAL & MEDICAL RESEARCH CENTRE AND ORS. VS. MASTER SHIVARAJ [LAWS(NCD)-2015-5-195] [REFERRED TO]


JUDGEMENT

M.L.Malik, J. - (1.)This is defendant's first appeal. The defendant is a surgeon who has been held liable to pay damages for negligence in the performance of an abdominal operation resulting in death of the patient. The plaintiffs are husband and children of the deceased patient. Decree has been given for Rs. 4,000/- with corresponding costs and interest at 3% per annum. The claim was laid for Rupees 11,000/-. The plaintiffs, being dissatisfied with the quantum of damages awarded, have filed a cross-objection for enhancement of the amount.
(2.)The facts may be briefly stated. Respondent 1 Rambeharilal was Collector, Shahdol at the relevant time i.e. in the year 1958. Appellant Dr. J. N. Shrivastava was a medical officer in the employment of the State of Madhya Pradesh, then in charge of the Sohagpur Government Hospital, Shahdol, In the night intervening 27th and 28th Sept. 1958, Shrimati Kanti Devi, wife of Rambeharilal, got an attack of severe abdominal pain with occasional vomiting. Dr. Shrivastava was called for consultation and treatment. He gave her Strepto- Penicillin injections on the following two days along with sedatives. The pain did not abate. Instead, temperature started rising. On 30-9-1958, it was about 100F. Dr. Shrivastava observed extreme tenderness over the right iliac fossa - which had been throughout. He asked Dr. Datta to do the blood differential count which revealed 84% polys. This confirmed the doctor's tentative diagnosis as a case of acute appendicitis. He, therefore, advised surgical operation of appendectomy.
(3.)Rambeharilal and his wife were at first hesitant for an operation. They had their consultations with friends- Even the District Medical Officer, Umaria, Dr. Mishra, was consulted on phone. Dr, Mishra was of the opinion that surgical operation was not imminent as 48 hours had passed and the pain had subsided appreciably. He advised conservative line of treatment


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.