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B.C.GUPTA, S.M.KANTIKAR
Kannaya Chettiar – Appellant
Versus
Nair Service Society Rep. by Its Secretary – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjoy Kumar Ghosh, Amicus Curiae
For the Respondent:Mr. Prateek Dhir, Advocate, Mr. Mohan Babu Agrawal, Advocate

ORDER :

S.M. Kantikar, Member

1. Brief facts are that on 09-08-2000 the complainants’ son, Jayaprakash had severe abdominal pain and vomiting, immediately he was rushed to OP2-NSS Medical Mission Hospital. The OP3, the General Surgeon, Dr. Moorthy examined the patient at about 4:30 P.M. and diagnosed the ailment as acute appendicitis with peritonitis and, accordingly, advised for immediate admission and surgery. On the same day, the patient was operated at 08:30 P.M., under spinal anesthesia, administered by OP4-Anesthetist (Dr. Santha Raju). After surgery, the patient was brought to the ward at 09:45 P.M.. He was unconscious, shivering and white froth was flowing from his mouth. The complainants informed OP-3 about the serious condition of the patient, but he did not see the patient. None attended the patient despite his worsening condition. At last at 0030 hours (10-08-2000), the patient was shifted to ICU in the critical stage; but the doctor and staff in ICU failed to take care of the patient. At 11:45 A.M., when the patient was in sinking stage, OP3 with the help of his subordinates shifted the patient hurriedly to Kottayam Medical College Hospital (KMCH), Kottayam. The patient














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