Kusum Sharma & Ors vs Batra Hospital &Med.Research Centre ... on 10 February, 2010
Opposite Parties have not been able to give any plausible explanation
for the Hypoxia. The deposition of Dr.
V. Sreekanth is of little use to the Opposite Parties since nowhere has he
unequivocally stated that there was no medical negligence in this case. He has only stated that he cannot say that
the negligence in conducting the surgery for Appendicitis resulted in the
Patients condition because inter alia he did not have deep knowledge about
anaesthesia to comment on this aspect of the case. The judgment of the Honble Supreme Court in Kusum Sharma (supra) cited by the
Opposite Parties in support of their case is also not of much use to them
because clearly applying the principles enunciated in this case the Opposite Parties
did not take due and reasonable care in the administration of anaesthesia
during a relatively simple surgical procedure.