S. M. Jain VS Alok Mathur

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A. P. SAHI, BHARATKUMAR PANDYA
S. M. Jain – Appellant
Versus
Alok Mathur – Respondent

Counsel for the Parties:
For the Complainants:Mr. Ajay Kohli, Advocate
For the Opp. Parties:Mr. Meet Malhotra, Sr. Advocate, Mr. Ravi S. Singh, Advocate, Ms. Palak Singh, Advocate for OP-1, Mr. Subhash Kumar, Advocate for OP-2 and OP-5, Mr. Salil Paul and Mr. Sahil Paul, Advocates for OP-6, None for OP-4, claim against OP-3 deleted

ORDER

This is a Complaint of medical negligence primarily against the Opposite Party No.1-Dr. Alok Mathur and then against the Ganga Ram Hospital alleging medical negligence on their part while treating Mrs. Pushpa Jain who was aged about 53 years when the incident happened in the year 2003. The allegation in the Complaint is that the Opposite Party No.1 failed to diagnose and treat the patient and he also prepared a prescription which did not indicate any analysis or diagnoses.

It was alleged that the Opposite Party No.1 was consulted and also visited the patient whose breathlessness continued and when the Complainants consulted Dr. K.P. Jain after 3-4 days, they were advised that the patient was critical and she was admitted to Sir Ganga Ram Hospital on 25.08.2003 where she expired on 28.08.2003.

2. The Complainants alleged that they consulted medical experts and there being prima-facie medical negligence evidence available a legal notice was dispatched to the Ganga Ram Hospital for supply of documents followed by a reminder and then the present Complaint was filed on 18.05.2006. Notices were issued and the parties have responded through their written statements. Whereafter the m