1996 Supreme(Bom) 278
G.R.BEDGE, N.W.SAMBRE
Deepak V. Shah – Appellant
Versus
Smita S. Chiniwala and another – Respondent
JUDGMENT - W.M. SAMBRE, PRESIDENT :---Parties by their Counsels. The grievance of the complainant is that his wife Kalpana was admitted to the Hospital of Dr. Chiniwala, when she was having some gynaec trouble, as bleeding was going on. Therefore, Dr. Chiniwala, the O.P. No. 2 referred this patient to the O.P. No. 1. It is stated by the complainant that this patient was treated by Mrs. Chiniwala, who was a Homeopathic practitioner. It is the case of the complainant that even though, this O.P. No. 1 was not qualified to treat the gynaec patient, still she has aborted the complainant's wife. Her action in treating the patient has damaged the Uterus, which was required to be stitched. According to the complainant, after two days, the O.P. referred (sic) to available in the hospital where these opposite party were practicing. The complainant stated that without this the treatment was not possible as the facility was not available in the hospital of opposite parties in fact. It was obligatory on the part of the O.P. to refer this case immediately, to a Doctor, who was available at a distance of 14 K.mt. away, where the facilities to some extent was available, which has not been done by
Click Here to Read the rest of this document