ORDER :

S.M. Kantikar, Member - On 24.10.2006, Ms Umeshwari Iyer, a lecturer (hereinafter referred to as "patient", since deceased), had a complaint of right breast lump, consulted the OP-3, Dr. Mau A. Rai, Cancer Surgeon at BSR Cancer Hospital, Durg (OP-1). After cytological and other investigations, surgery for removal of lump was fixed on 26.10.2006. The Anaesthetist Dr. Roshan Ali, OP-2, without conducting any investigation, gave an injection to her right breast at 12.05 pm, by which her condition became serious and subsequently, passed away. There was no prior discussion between Anaesthetist and the Surgeon, about pre-medication or any precautions. There was no informed consent; it was signed by patients sister. Thus, it was not a standard of practice. The complainant reported the matter to police and the Medical Board at Medical College. The Board opined that pre-anaesthetic check-up was not properly done; therefore, the Surgeon as well as Anaesthetist were negligent. It was further alleged that the OP did not provide the medical documents in time, documents may be tampered.

2. Therefore, alleging medical negligence, the complainant, Smt. P. Raju Iyer i.e. mother of the patient