Patient was admitted to opposite party No.1 Hospital on 27.6.2012 in a very critical condition with complaint of severe abdominal pain for last six days and nausea and vomiting for two days.  At the time of admission, her BP was not recordable and she was shivering.  Before taking her to the Mahesh Hospital, the complainant had taken her for an ultrasound test at Diagnostic Centre, which had found a well-defined Heterogenous Adnexal mass of 60x47 cm in the right Adnexa.  She was admitted in emergency and exploratory laparotomy was performed on her at 12.00 noon.

As per the finding in the procedure, she was suffering from miliary Tuberculosis all over her intestine with plastic adhesions and multiple perforations in the intestine.  She was discharged from Hospital on 28.6.2012 and was admitted to LNJP hospital.  She died in LNJP hospital on 14.7.2012. 

Alleging medical negligence in the treatment of patient, the complainant is before National Commission seeking compensation quantified at Rs.1.00 crore.  It is inter-ala alleged in the complaint that the relative of the complainant had objected to the opening of the stomach of the deceased without conducting proper medical test and ultrasound.  It was also alleged that ICU and ventilator facility was not available in the hospital nor was there proper light in the operation theatre.  It was also alleged that the hospital did not have proper nursing staff and ward boys. [Para 1]

National commission rejected the claim of medical negligence against doctor/hospital relying on medical record, expert opinion and peculiar facts and circumstances of the case.