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2013 Supreme(Guj) 28

R.D.KOTHARI
HEMABEN SANJEEVKUMAR KANODIYA – Appellant
Versus
D. N. NANAVATI – Respondent


Advocates Appeared:
MR NILESH M SHAH for the Applicant.
MR BS PATEL for Respondent No.1.
MR LB DABHI, APP for Respondent No.2.

JUDGMENT

How far the Doctor can be held liable for criminal action in case wherein one scissor was left in the abdominal area of the patient during the course of surgery/treatment ?

2. The facts giving rise to the above question are thus:

The complainant, who was pregnant, had delivered a child on 14.5.1999. It was cesarean operation. The operation was carried out at Anand Hospital, Ankleshwar, which is said to be run by Doctor Family - Dr. Mahendrabhai Panchal (who is hereinafter referred to as A/1) and Dr. Rekhaben his wife (who is hereinafter referred to as A/2). Their Hospital is situated at Ankleshwar. After delivery, she was discharged from the hospital on 22.5.1999. Thereafter, she had said to have developed pain in her abdominal area. After consultation with the doctor, complainants sonography was carried out on 23.6.1999. X-ray was also carried out by Dr. Nanavati (A/3). It is the say of the complainant that in sonography report though scissor was found by Dr. Nanavati, the same was not immediately disclosed to the complainant. It is alleged that there was connivance between all the accused. Then at the instance of the sister of the complainants husband (Nanand), who appears







































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