1976 Supreme(Bom) 39
V.S.DESHPANDE, P.S.SHAH
Kusum David Kharat – Appellant
Versus
State of Maharashtra and another – Respondent
JUDGMENT - V.S. DESHPANDE, J.:---One P.S. Maker was admitted at Bhatia General Hospital on the evening of 26th August, 1969, for administering two Glucose bottles on the advice of his family doctor, Dr. Dalal. Arrangements for his admission in the Hospital were made by Dr. Dalal directly through the House Surgeon, accused No. 1, Dr. Dalal himself being Honorary Surgeon of the Hospital. He was admitted in Special Room No. 115-A as Class II patient. His wife, the complainant, and his son Anil accompanied him. Unfortunately, this infusion of Glucose seems to have had adverse reactions, contrary to the expectation. There is controversy whether proper precautions were taken before the infusion and whether immediate steps were taken to stop the infusion and the reaction and whether any senior doctor actually was called and whether the Complainant objected to his treatment and if patient entered into coma at 2.00 a.m. that night. It is, therefore, common ground that rigours stopped after two injections and subsequent fever also subsided and from 11.00 a.m. on 27-8-1969 good treatment was given and there was short lived improvement. Maker, however, died on 30th in the Hospital, cause of de
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