SURENDRA KUMAR TYAGI Vs. JAGAT NURSING HOME AND HOSPITAL & ANR

JUDGEMENT

(1.) IN the District of Meerut there is a nursing home known as Jagat Nursing Home and Hospital situated at Garh Road. Dr. Shailendra Kumar Sharma is admittedly its proprietor, owner and the only administrator. Surendra Kumar Tyagi (hereinafter referred to as complainant) had some difficulty in urination, etc. and is said to have consulted Dr. S.K. Sharma on 11.8.1999 when Dr. Sharma got him admitted. On 12.8.1999 surgical operation was performed upon Surendra Kumar Tyagi. General anesthesia was administered. It is said that Dr. Sharma performed the said surgical operation for correcting the common bile duct to remove the stones. It is alleged that initially it was promised by Dr. Sharma that he will apply laparoscopic method but at the relevant time it was converted into a surgical operation. It is said to ensure that trouble with the complainant does not relapse, he was continued in Jagat Nursing Home from 13.8.1999 to 23.8.1999, there he was put in I.C.U. on 16.8.1999 from where he was discharged on 23.8.1999. In the process Dr. A.M. Nagar was called for consultation and he prescribed Homostat medicine which was purchased from Delhi. On the treatment about Rs. 70,000 were spent by them. Ultimately from Jagat Nursing Home he was released on 25.8.1999. There was no improvement in the complainant about blood flow along with urine. On 26.8.1999 Dr. A.M. Nagar was again consulted and this time Dr. Nagar got him admitted in M. Prakash Nursing Home, Meerut from 27.8.1999 to 1.9.1999 but the operation facilities were not available and according to the opinion of Dr. Nagar, fresh operation was imperative, consequently the complainant was shifted to Bharat Hospital, Garh Road, Meerut. Then Dr. Nagar along with one Dr. Pankaj Mittal is said to have performed another surgical operation, this time removing the left kidney of the complainant.

(2.) WITH the aforesaid background the complaint has been filed alleging abject deficiency in service and also medical negligence on the part of Dr. S.K. Sharma and his nursing home namely Jagat Nursing Home and Hospital. Notice was issued. Dr. S.K. Sharma has appeared and filed his written statement. Parties have also filed affidavits in the shape of evidence with which several annexures have been put in, which shall be referred to at the relevant point of time in the paragraphs to follow. Suffice it to say that Dr. Sharma maintains that he extended best possible medical care to the complainant and no damage was caused due to any of his actions in the operation and allegations of the complainant should be thrown out. He also suggests that it was not he alone who performed the operation on 12.8.1999 but was accompanied by two other doctors. It is also stated by him that stone had stuck up to the bile duct with the result the urination was stopped and jaundice disease had developed and looking at the fast deterioration there was no alternative but to operate upon the complainant.

(3.) MR . Vineet Sahai Bisaria, learned Counsel for the complainant and Sri Sudhir Kumar Srivastava assisted by Srikant Mishra, learned Counsel for the OPs have been heard at great length. Entire record has been examined.