S N WADHWA Vs. CHANCHAL KAPOOR

JUDGEMENT

(1.) THE short facts of the case are that the complainant Shri Prem Kapoor, aged 52 years (now deceased) approached OP No. 1 Dr. S.N. Wadhwa, a Senior Consultant Urologist in OP No. 2 Sir Ganga Ram Hospital with complaint of pain in his right flank and low grade fever. He was a chain smoker and a heart patient. Dr.Wadhwa examined him and found a Stag Horn Calculus in his right Kidney and advised him to admit in the hospital. Copy of his prescription diagnosis and advice for admission in OP -2 Hospital dated 7.12.2001 is available on record.

(2.) ON 8.12.2007, Shri Prem Kapoor got the admission. He was operated for Stag Horn Calculus. During the operation OP No. 1 found inflammation in his right kidney inner lining of the kidney pelvis tobe swollen and unhealthy and conducted biopsy. Its Histopathological Examination report dated 24.12.2001 copy of which is on the appeal file confirmed the cell carcinoma. Thereafter OP No.1 obtained the consent of the patient and his wife revealing him about the report and on 1.1.2002 again operated the patient performed right redical nephrectomy including removal of the right kidney and the surrounding tissues. On 17.1.2011 OP No.1 discharged the patient from OP No. 2 Hospital vide discharge summary, copy of which is available on the record.

(3.) ON 11.1.2002, Shri Prem Kapoor visited OPs for followup examination, the report of which is on the file. On 14.1.2002 OP No.1 removed the stitches and on 25.2.2002 on his request the OPs issued a fitness certificate, copy of which is at page 35 of the OPs appeal.