- (1.) THIS complaint is filed by Smt. Gulnaz Sharifkhan Malek against Dr. Prakashvir Parikh and others for alleged medical negligence, deficiency in service, etc. She seeks compensation of Rs. 18,40,000 (Rupees eighteen lacs forty thousand) - (Complaint Pages 15, 16, 17).
(2.) BRIEF facts of complaint ard that - Mrs. Gulnaz is a house wife and wife of since deceased Dr. Sharif Khan M. Malek, M.B.B.S.; to be referred as the complainant and deceased respectively. Dr. Prakashvir Parikh is D.M. Cardiology, Consultant Cardiologist - to be referred as opponent No. l. Opponent No. 2 is Rajasthan Hospital, opponent No. 3 is New India Insurance Co. Ltd. (which was added by this Commission's order dated 15.6.2001, Exh. 10).
(3.) DR . Malek was qualified doctor with 2 clinics and earning about Rs. 20,000 per month On 16.7.1997 Dr. Malek had heart attack and was admitted to Lifeline Hospital by his Physician Dr. Maniar. On 18.7.1997 opponent No. 1 Dr. Parikh examined Dr. Malek and advised angiography. After due consideration by complainant and others Angiography was done on 31.7.1997. Opponent No. 1 advised angioplasty and said it was minor procedure and will take about 45 minutes. Complainant was hesitant to take decision for complication of angioplasty (page 3 para -4 of complaint). Opponent had said there was very minor risk involved. (Page 3, para -4 supra) opponent No. 1 "pressurized" for early angioplasty and said death was a possibility if procedure is delayed. Complainant put full trust in opponent Nos. 1 and 2 and got admitted for angioplasty in opponent No. 2's hospital on 8.8.1997. On 9.8.1997 opponent No. 1 started procedure at 9.00 a.m. Dr. Malek walked to theatre because of lack of stretcher and manpower. Operation Theatre had dust, blood, cotton and instrument just lying. Initial deposit of Rs. 20,000 was made. Opponent No. 2 had given a package for "in and out" of hospital charge. No other charges were to be paid. Till 1.00 p.m. Dr. Malek was in operation theatre, no one explained what was going on.;