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B.C.GUPTA, S.M.KANTIKAR
Manipal Hospital – Appellant
Versus
J. Douglas Luiz – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Vivek Singh, Advocate
For the Respondents:Mr. Susmit Pushkar and Ms. Esha Sandhu, Advocates

ORDER

Dr. S.M. Kantikar, Member—Brief facts relevant to disposal of both the revision petitions are that the complainant, Mr. J. Douglas Louis (herein referred as ‘the patient’ since deceased), was working as Area Manager of Trans World Travels. He underwent thoracotomy surgery for carcinoma of left lung with left pneumonectomy on 31-10-2003 at the Manipal Hospital (OP1). It was performed by Dr. Nithyanand Shetty, Cardio Thoracic Surgeon assisted by Dr. Sameer Rao (OP 2), a Cardiac Surgeon at OP1. Post operatively, the patient was shifted to ICU for recovery. After regaining consciousness, he was shocked to experience severe hoarseness of his voice and he could barely speak. He immediately inquired with the doctors, but he was informed that he would regain his voice after few months. Without any further improvement in his voice, he was discharged from hospital on 10-11-2003. The complainant alleged that OP-hospital failed to ascertain the cause of hoarseness, did not seek opinion or consultation from ENT Department. It was alleged that the anaesthesia was administered to the patient using Double lumen tube, Cuffs and Stylet (aluminium), by a trainee anaesthetist, Dr. S.K. Singh (OP5










































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