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2013 Supreme(Mad) 4240

S.MANIKUMAR
RAKHI KOTHARI – Appellant
Versus
R. SOUNDAAPANDIAN – Respondent


JUDGMENT :

S. MANIKUMAR, J.

1. In an accident which occurred on 14.3.2004 a 30-year-old lady sustained closed fracture both bones right leg mid shaft transverse and undisplaced fracture left pubic bone. On 14.3.2004, she was admitted in Apollo Hospitals, Chennai. On 15.3.2004, I.M. nailing right tibia was done to fuse the fractured right tibia bone. She was discharged on 20.3.2004. At the time of accident, she was pregnant and the foetus was nine weeks old. As per discharge summary, Exh. P10, the course in the hospital and discussion, with the operation notes, read as hereunder:

Course in the Hospital & Discussion:

Rakhi Kothari, 26 years old normotensive and cuglyeemic pregnant lady, alleged to have met with a road accident was haemodynamically stable. She sustained fracture bone of right leg and undisplaced fracture of pubic bone.

With preliminary investigations done and after written consent and explaining the risk involved to the pregnancy during and after the procedure, patient was taken up for surgery on 15.3.2004.

Operation Notes:

Under spinal anesthesia and tourniquet control, right leg cleaned and draped. Through midline tendon splitting approach opening made in the upper tibia.

















































































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