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R.C.MANKAD, JATIN P.VAIDYA
MEGHDUT GORDHANBHAI THAKKAR – Appellant
Versus
ANUPAMA VIDHYUTBHAI DESAI – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Ms. Nita A. Shah, Advocate.
For the Opposite Party No. 3:Mr. H.J. Bhatt, Advocate.
For the Opposite Party Nos. 1 & 2:Mr. A.O. Chudgar, Advocate.
For the Opposite Party No. 4: In person.

ORDER

Dr. J.P. Vaidya, Member — The complainants are (1) Shri Meghdut Thakkar, husband of late Smt. Nayanaben and (2) minor son Snehansh and they seek to recover Rs. 1,84,000/- (Rs. one lac eighty four thousand) from opponents (1) Dr. Anupama V. Desai, (2) Dr. Vidyut Desai, (3) Dr. Kirit Shah, and (4) New India Assurance Company for alleged negligence in operation and medical treatment of late Smt. Nayanaben.

Complainants have stated in complaint that:

(1) Nayanaben consulted opponent Doctors 1 and 2 for problems related to uterus on 23.6.91.

(2) Patient underwent laboratory investigations and X-rays as suggested by opponents 1 and 2 on 24.6.91.

(3) All reports were reported to be normal and patient was advised operation of hysterectomy.

(4) Patient was admitted on 25.6.91 in hospital of opponents 1 and 2.

(5) Patient was operated around 10.30 a.m. on 26.6.91.

(6) Complainant alleges that from 26.6.91 afternoon to 27.6.91 morning, no doctor remained in hospital and patient did not receive proper post operative care, patient was left in care of hospital staff.

(7) Nayanaben's health deteriorated in early morning of 27.6.91. She had vomitings and pain in abdomen. Complainant allege























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