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2 (a): The complaint in a nutshell is that, the complainant was the employee of opponent No.1 i.e. "Shirdi Saibaba Hospital", working as a Manager on monthly salary of Rs.5000/-. That, the opponent Nos. 2 & 3 were the doctors working with the opponent No.1. That, the complainant had a trouble of Choleothiasis and hence on 19.11.2006 he approached to opponent No.2 Dr. Satish Reddy, who advised him to get the sonography done. That, accordingly he obtained his sonography report and on the basis of the said sonography report he was advised by opponent No.2 for removal of his Gallbladder. Therefore, he was admitted with opponent No.1 on 22.11.2006 for surgery and on 23.11.2006 after having his consent his Gallbladder was removed by way of "Laparoscopic Surgery" during which the tube (duck) connecting the Gallbladder had a stricture.

C.C.No.:09-08 2 (e): In support of his complaint the complainant submitted evidence affidavit as well as following documents:

1. Sonography report obtained from Dr. Vikram P. Bade,
2. Copy of admission card from opponent No.1's hospital,
3. Copy of letter dated 29.01.2006 issued by opponent No. 2 & 3 to Dr. Vinay Thapar
4. Copy of letter given by opponent No.3 Dr. Gore to Adv. Desai

3 (c ): The opponent No.1 further contended that the complainant having abdominal pain, had consulted Dr. Kasbekar at Mumbai on whose advise he had obtained his sonography report on 04.01.2006 from Dr. Bade. That, as per the said sonography report the complainant had mobile calculli in his Gallbladder. That, in order to have treatment at comparatively cheaper rate, the complainant approached to opponent No.1 i. e. Saibaba Hospital on 14.01.2006 i.e. about 10 months after obtaining the said sonography report from Dr. Bade. He was examined by opponent No.2 Dr. Reddy and after confirming the multiple calculli i.e. stone of the size of 7 to 9 m.m. in his Gallbladder by way of fresh Ultra Sonography report, the complainant was advised for removal of his Gallbladder. That, after getting the written consent of the complainant and his sister his Gallbladder was removed by way of "Laparoscopic Surgery" on 23.11.2006, which is recommended all over the world and is also called as 'Cholecystectomy'. That, prior to performing the said surgery the complainant was given understanding that the said operation might develop certain complications. That, his Laparoscopic operation' though was successful, on 24.11.2006 the complainant had little pain in his stomach, which was diagnosed as due to bile leakage from the liver. It is thus contended that, after the laparoscopic surgery such bile leakage is a known complication. That, opponent no.2 with the assistance of opponent No.3 had therefore immediately on 25.11.2006 performed "open Cholecystectomy" to stop the said leakage after having obtained written consent of both the complainant and his sister Aarti Gaonkar. That, thereafter the complainant was kept as indoor patient with opponent No.1 for 15 days and his health had improved having no complaint of abdominal pain. He was therefore given discharge on 09.12.2006. That, as per the advise of opponent No.2 the C.C.No.:09-08 complainant visited the hospital on 26.12.2006 when he had no complaint of such stomach pain, and hence his drainage pipe was removed and the complainant was advised to visit hospital after every 15 days, however he failed to visit as per the advise given.

ii) From the extract of internet report on Gall stone and Gallbladder as published by the University of Marriland Medical Centre, it is observed that, the Gallbladder is a four inch sac i.e. resorvior where bile is stored. Bile is a fluid secreted from liver and used in the small intestine to digest the food we take. In Gallbladder some times stones are formed which causes severe abdominal pains associated with other complications. This forming of stones in the Gallbladder is a disease called as "Choleothiasis". The complainant had this disease which was diagnosed on the basis of sonography report prepared by Dr. Vikram P. Bade on 04.01.2006 and presented to the opponent Nos. 2 & 3 by the complainant himself. In this report there is a clear impression about Gallbladder calculi (stones). This fact was again got confirmed by the opponents 2 & 3 in their hospital by way of Ultra C.C.No.:09-08 Sonography on 16.11.2006 and 17.11.2006 as per which it was found that there were multiple calculli of the size of 7 to 9 mm and the decision of removing Gallbladder was taken. Hence, we don't find any negligence on the part of opponent No.2 & 3 in removing the gallbladder of the patient.