Dr. S.M. Kantikar, Member—The appellant-complainant, Smt. Usha Devi was a patient of OPs 1&2 i.e. ESIC Model Hospital, Patna (OP1) and Dr. Lokesh Kumar (Surgeon) (OP2) working at OP-1.

2. The learned counsel Mr. Vijay Kumar argued the matter at admission stage and submitted that the complainant was suffering from piles since 23.06.2010 and he was on medicines. On 23.09.2010, for the complaint of pain in abdomen, she got admitted in the OP-hospital. She was diagnosed as right hypochondrial swelling and advised few tests. On 29.09.2010 the doctors planned for aspiration, but it was postponed without assigning any reason. The OP did not carry out any pre-operative tests to diagnose the abdominal disease or stone. On 30.09.2010 the OP2 performed two operations on the patient, one for removal of gall bladder and another for removal of piles. Thereafter, on 08.10.2010, the patient was advised for ultrasonography of whole abdomen which was done after operation. Even the Mahavir Cancer Sansthan, Phulwarishrif, Patna reported no evidence of malignancy in the gall bladder. Therefore, the complainant alleged that the OP-2 removed gall bladder unnecessarily, whereas the patient was only su