Decided on March 12,2020

S. K. Vaidya Respondents


S. M. Kantikar,J. - (1.) This First Appeal is filed by the Appellant-the Complainant against the order passed by the State Commission, U.P. (hereinafter referred as 'the State Commission') in the Complaint Case No.18/SC/1998 wherein the Consumer Complaint was dismissed.
(2.) Brief facts of the case are that on 09.09.1997 the Complainant - Om Prakash Jaiswal admitted his son Abhishek (for short 'the patient') to Kapoor Nursing Home for abdominal pain. At the time of admission, few signatures were taken on the papers, nothing was informed by Dr. Kapoor (OP-1) about the treatment and the operation. The ultrasonography (USG) and few pathological tests were performed, but Dr. Kapoor failed to diagnose the illness. It was alleged that though the operation was not needed, the OP-1 called Dr. S.K. Vaidya (OP-2) to operate the patient. The patient was operated on 10.09.1997 without consent and definite diagnosis. Rs. 45,000/- was charged. The condition of the patient was deteriorating, therefore, another surgeon Mr. P.K. Basu was called, but no avail and the patient Abhishek died on 15.09.1997 due to negligence of the Opposite Parties. Being aggrieved the Complainant filed a complaint before the State Commission, U.P.
(3.) The Opposite Parties filed their respective written versions and denied the allegations. The OP-1 submitted that the patient came to residence of the OP-1 on 09.09.1997 at 7.30 am with the complaint of acute abdominal pain and not passing motion for three days. He had vomiting 5-6 times in the last two days, therefore, the patient was admitted as an emergency. After investigations, peritonitis was suspected, therefore operation was extremely necessary for saving the life of patient. The patient was operated by OP-2 on 10.09.1997. The entire treatment was given as per standard of practice and there was no negligence.;

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