SANJAY KISHAN KAUL, J - (1.) Leave granted.
(2.) The sad demise of the wife of the appellant on 31.10.2011 has resulted in the legal proceedings being initiated by the appellant on a belief that the cause of her death was medical negligence. The State Consumer Disputes Redressal Commission, Rajasthan (for short 'State Commission') found in favour of the appellant vide order dated 11.5.2016, but the said order was upset in appeal in the National Consumer Disputes Redressal Commission, New Delhi (for short 'NCDRC') vide order dated 1.8.2017. We are, thus, faced with the present appeal.
(3.) Late Mrs. Sudha Jain was the wife of the appellant, who was suffering from various diseases - oesophageal cancer (past history of colon and breast cancer), hypertension and type 2 diabetes. The occasion to be admitted to respondent No. 1-Hospital and being treated by respondent No.2-Doctor on 15.10.2011 was chills and fever as also for re-insertion of nasal feed tube, stated to be dislodged due to severe dysphagia. She was attended to by respondent No.2-Doctor for the chill and fever, and nasal feed tube was inserted on the same day by Dr. Anurag Govil, with some allied tests prescribed to be carried out. One of the tests was a Complete Blood Count Report, which found that the WBC count was high, indicative of infection. She had also running temperature of 104 degrees Fahrenheit, and her medical treatment commenced with intravenous administration of injection Magnex of 1.5 mg. As per the medical reports, the cannula used for intravenous treatment stopped functioning and respondent No.2-Doctor prescribed a further antibiotic tablet, Polypod (Cefpodoxime) to be orally administered through the nasal tube. The patient was discharged from respondent No. 1-Hospital on 18.10.2011, at which stage also her WBC count was high and she was prescribed to continue taking her medicines for a period of 5 days post discharge, which apparently was administered to her, as per the appellant.;