HARUN Vs. JATHAR NURSING HOME
LAWS(MPCDRC)-2006-5-2
MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMISSION
Decided on May 27,2006

HARUN Appellant
VERSUS
Jathar Nursing Home Respondents

JUDGEMENT

- (1.) BY the order impugned the District Consumer Disputes Redressal Forum Seoni vide its order dated 31.12.2003 has dismissed complaint (No. 123/03) of the appellants claiming compensation from respondents for the negligence allegedly committed by them in treating late Smt. Rajni Jonethan, a woman aged 30 years. :
(2.) LATE Smt. Jonethan was the wife of appellant No. 1 and mother of appellant Nos. 2 and 3. She was operated for right ovarian cyst on the afternoon of 31st March, 2003 at respondent No. 1 -hospital by respondent No. 2 -Dr. (Smt.) Vidhya Jathar, wife of respondent No. 3 -Dr. Vikas Jathar who both owned the said hospital. The operation was performed under spinal anaesthesia administered by respondent No. 4 -Dr. Satyanarain Soni. However, during operation around 3.30 p.m. the patient suffered sudden cardiac arrest and all efforts to save her life failed. She was declared dead at 4.00 p.m.
(3.) THE complainants attribute death of late Smt. Jonethan to the negligence on the part of respondents, who however denied the allegation and contended that the operation was performed with due care and diligence and as per prescribed medical norms. The Forum below upheld the contention of the respondents and dismissed the complaint and this is how the matter in now before this Commission in appeal. We have heard Mr. Ravi Goyal, learned Counsel for appellants and Mr. Milind Karve, learned Counsel for respondents. Respondent Nos. 2 and 4 -Doctors also addressed the Commission.;


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