MONILEK HOSPITAL & RESEARCH CENTRE Vs. PADAMCHAND JAIN

JUDGEMENT

(1.) BOTH the aforesaid appeals arise out of the judgment dated 27.04.2012 of the learned District Forum, Jaipur 3rd Jaipur ( hereinafter refered to as the ''DCF '' ) in complaint no.418/2012 ( 330/08) titled Padamchand Jain & ors. Vs. Monilek Hospital & ors., whereby the complaint of the complainants was allowed and the hospital and the doctor were directed to make payment of Rs. 11 lakhs as compensation and Rs. 5000/ - as cost of proceedings to the complainants.

(2.) THE first appeal has been filed by the Monilek Hospital and Dr.A.K.Sharma ( hereinafter referred to as the ''hospital and Dr.Sharma '' ) whereas the second appeal has been filed by the complainants.

(3.) THE hospital and the doctor have filed the appeal on the basis that they were not at all negligent or careless in the treatment of the deceased and all due care was taken by them during the surgery and after the surgery. Kidney was successfully transplanted but there was some problem after 5th day of the surgery in passage of urine and the matter was informed to the doctor at 4 a.m. and he immediately rushed to the hospital and under took ultrasound of the patient and after consultation with Dr.Tolani it was advised to perform an MRI. The facility of MRI was available in very few clinics and laboratories in Jaipur and hence the patient was rushed to Getwell Laboratory and after performance of the MRI, Anant Kumar was operated upon second time for removal of the blood clot in artery. There had been no delay or negligence or carelessness and the doctor took all due deligence and care in pre -operative and post operative surgery in the matter. The learned DCF did not appreciate the evidence and the material available on record and ignored the documents submitted by them and erroneously allowed the complaint, therefore, the appeal be allowed.