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2009 Supreme(Del) 19

SANJIV KHANNA
SUDHA GARG – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. Manish Vashisht and Mr. Sameer Vashisht, Advocates.
Ms. Monica Garg, Advocate.

SANJIV KHANNA, J:

1. The plaintiff, Smt. Sudha Garg, alleges medical negligence and seeks recovery of damages of Rs.53,41,723/- from Union of India, Chief of Army Staff, Adjutant General, Directorate General of Medical Services (Army) and Army Hospital (Referral and Research), defendant Nos. 1 to 5, respectively (hereinafter collectively referred to as defendants, for short) and two doctors Lieutenant Colonel A.K. Nagpal and Lieutenant Colonel V.K. Shukul (hereinafter referred to as defendant Nos. 6 and 7 respectively). Admitted facts

2. The plaintiff is wife of Brigadier M.L. Garg (Retd.) and on 14th October, 1999 had visited Gastroenterology Department of the defendant no.5 hospital, at Delhi. She was examined by defendant No. 6, Gastroenterologist and diagnosed as an old case of severe gastritis with history of heart burn. OPD card/ case history Exh.PW1/2 dated 14th Oct.,1999, an admitted document, records that the plaintiff did not complain of pain in abdomen and dysphagia (difficulty in swallowing). She was advised to undergo Upper Gastro Intestinal Endoscopy (UGIE, for short) on 15th October, 1999. UGIE is a procedure for visual examination of lining of food pipe, stomach et
















































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