POST GRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH Vs. DEVENDRA KUMAR SHARMA
LAWS(NCD)-2020-10-6
NCDRC
Decided on October 16,2020

POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH Appellant
VERSUS
DEVENDRA KUMAR SHARMA Respondents

JUDGEMENT

DINESH SINGH, MEMBER, J. - (1.) This Appeal has been filed under Section 19 of The Consumer Protection Act, 1986, hereinafter referred to as the 'Act', challenging the Order dated 23.02.2011 in C. C. No. 58 of 2000 passed by The State Consumer Disputes Redressal Commission, U.T. of Chandigarh, hereinafter referred to as the 'State Commission'. The Appellants herein, Post Graduate Institute of Medical Education and Research, Chandigarh and Dr. V.K. Khosla, Professor and Head of Neuro Surgery Department, were the Opposite Parties No. 1 and No. 2 before the State Commission, and are hereinafter being referred to as the 'Hospital' and the 'Doctor' respectively. The Respondents No. 1 to No. 3 herein, Mr. Devendra Kumar Sharma, Mr. Anand Sharma and Ms. Aekta Sharma, were the Complainants before the State Commission, and are hereinafter being referred to as the 'Complainants'. Deceased Smt. Indrawati Sharma, wife of Mr. Devendra Kumar Sharma and mother of Mr. Anand Sharma and Ms. Aekta Sharma, expired in the Hospital after surgery by the Doctor, and is hereinafter being referred to as the 'Patient'.
(2.) We heard arguments of both sides and perused the material on record including inter alia the impugned Order dated 23.02.2011 of the State Commission and the Memorandum of Appeal.
(3.) Brief facts, shorn of unnecessary rhetoric, are that the Patient was diagnosed with "right internal carotico ophthalmic aneurysm". She was referred to the Hospital. She was admitted on 03.09.1999. She was first operated on 27.09.1999 for "clipping of aneurysm". The brain surgery was started under anesthesia; it was abandoned "due to unavailability of drill", without "clipping of aneurysm". She was again operated on 07.10.1999. She expired the next day i.e. on 08.10.1999. The Complainants filed a Complaint before the State Commission on 21.09.2000, alleging negligence / deficiency. The State Commission vide its Order of 23.02.2011 allowed the Complaint and determined negligence / deficiency on the part of the Hospital and the Doctor. ;


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