ADVOCATE ASHISH KHANNA
Chamber No. 45/46
Reference Number- 6474785 Dated-18 May 2021
Mr. Sunil Mishra
Sub: Notice under section 80, Code of Civil Procedure,1908
Under instructions and on behalf of my client Mr. Amit Rastogi resident of 12/24 Karol Bagh, New Delhi, I hereby give you notice as follows:
⦁ On 24 February 2021 you were the Medical Superintendent of City Hospital, New Delhi and you were also the Head of the Deptt. of Surgery of the said hospital.
⦁ Mr. Amit Rastogi was admitted to the said …City Hospital on 23 February 2021 for surgical operation for removal of stones in the kidneys under your care and supervision and 24 February 2021 was fixed the date of operation of the said Mr Amit Rastogi.
⦁ When the said Mr. Rastogi was being operated, you were personally present in the operation theatre and doing the operation with the assistance of junior doctors.
⦁ After removing the stones, you, while undertaking to stitch, had negligently, carelessly and willfully left a big piece of cotton inside the body, due to which my client started to complain severe pain in the kidneys for which you had prescribed some antibiotics on various visits.
⦁ When my client could not get treatment for his pain, he went to Walia Nursing Home and consulted Dr. Suchit Manglik of Walia Nursing Home who opined that there is some foreign element around the kidney, for which my client was operated on 4th March 2021 in Walia Nursing Home and a piece of cotton were removed from inside the body and after the removal of the cotton, my client had got relief from pain.
⦁ My client Mr. Rastogi had to undergo physical and mental suffering for the negligence, carelessness, and mistake committed by you and he had to spend a lot of money for treatment of pain, which was caused due to leaving the piece of cotton inside the body by you, while undertaking operation for removal of stones in the kidney.
⦁ The said Mr. Rastogi therefore demands from you Rs. 2 Lakhs as damages for physical and mental suffering, Rs. …30 Lakhs as expenses incurred by him in the operation and treatment, Rs. 15,000 as expenses incurred by him in transport, hotel, etc. totaling Rs. 32,15,000 and I hereby give you notice that if the said amount is not paid, the said Mr. Rastogi will, on the expiry of two months from the date of service of this notice, file a suit against you for the recovery of Rs. 32,15,000 as damages and expenses incurred by him, at your entire risk as to cost and consequences.
Advocate Ashish Khanna