G (the patient) was suffering from breathing problems for a period of 7
months intermittently. Dr Lokhande (Respondent No.2) treated him free of cost and prescribed some tablets. Those tablets gave relief to the patient for a short interval and he returned to his routine work. Patient complained of breathlessness for a period of 6 months without any complaint. A doctor prescribed some tablets & nebulization and asked the patient to take tests (Chest X-ray and Blood test) and visit him again. Patient did not turn up for review and did not take tests as advised. On 17-01-2003, the patient was taken to Cardio Hospital Pvt. Ltd. (Respondent No.1) located in the city of Rajgar, by his family for a preliminary check-up which was done by Dr. Arun, a consultant cardiologist (R4). The test reports showed that the patient had Echocardiography and was having high blood sugar levels. But the patient did not give the details of previous treatment taken from R1, 2 & 3 to R4 R4 suggested an angiogram which showed that two major vessels in the heart had blocks ranging from 70% to 90% of the time. The patient was referred to Dr. Kevin (R5), a Cardiothoracic Surgeon at the same hospital for further treatment as it required an angioplasty. R5 advised that the only treatment for a patient who had a hole in his heart was to undergo open heart by-pass (CABG) surgery. On 20-01-2003, after getting the consent from the patient, the surgery was performed and the entire process lasted 8 hours. Patient's surgical site infection was discovered by R5 who had travelled abroad to attend an International Medical Conference. R5 saw the infection as the result of cultural cultural inappropriateness. The patient was taken back to Cardio Hospital for further examination and treatment. The Respondent No.5 advised his assistant to start on Cefixime injection on 12-02-2003. The next day after the second dose of injection, the patient complained of mild itching. The patient's wife, Rekha (Appellant) immediately reported this matter to the Staff Nurse. The patient complained of severe itching over the injection site. The duty doctor diagnosed it to be a case of ranaphylaxis (allergy) due to the antibiotic injection. In spite of earnest efforts on the part of Respondent No.5, the patient's condition deteriorated and he died.