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1996 Supreme(Bom) 621

M.B.SHAH, A.V.SAVANT
Raghunath G. Raheja – Appellant
Versus
Maharashtra Medical Council and others – Respondent


JUDGMENT - A.V. SAVANT, J.:---Heard all the learned Counsel.

2. The petitioner Raghunath Raheja seeks to challenge the resolution passed by the first respondent Maharashtra Medical Council exonerating the two medical practitioners-respondents No. 3 4 of the charge of negligence in attending to his wife Mrs. Bhagwati. The petitioner is also seeking certain general directions against the Maharashtra Medical Council. The petitioner's wife was admitted to the Dr. Balobhai Nanavati Hospital, Vile Parle, Bombay (for short, 'Nanavati Hospital') on 18th October, 1989. She had complained of a heart ailment viz. "Acute left ventricular failure" and "Diabetes Mallitus" and after necessary treatment she was discharged on 27th October, 1989. She was re-admitted in the said Hospital on 22nd November, 1989 and was referred to the third respondent Dr. Pahlajani, who is a Cardiologist and in consultation with the fourth respondent Dr. Sharad Pande, who is a Heart Surgeon, it was decided to operate upon her for a bypass. Accordingly, on the 7th December, 1989 bypass surgery was performed by the fourth respondent Dr. Pande and after necessary treatment, she was discharged on 18th December, 1989. It





























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