S.N.KAPOOR, K.S.GUPTA, M.B.SHAH, RAJYALAKSHMI RAO, B.K.TAIMNI
Sailesh Munjal – Appellant
Versus
All India Institute of Medical Sciences – Respondent
M.B. Shah, President— The ques-tions that require determination in this Original Petition are :
(a) Whether a complaint against the All India Institute of Medi-cal Sciences (AIIMS) and the Doctor who carried out investi-gation is maintainable under the provisions of the Consu-mer Protection Act, 1986?
(b) Whether there was any defi-ciency in service by the con-cerned Doctor in extracting DNA from chorionic villus samples and sending the DNA to Dr. John M. Old, Consultant of National Centre for Haemo-globinopathies Institute of Molecular Medicine, Oxford, U.K. for confirming as to whe-ther the baby in the womb is suffering from Thalassaemia Major?
2. A. Bare Facts : The say of the Complainants is that as one of their sons was suffering from Thalassaemia Major, at the time of second pregnancy they approached the All India Institute of Medical Sciences (AIIMS) on 28-11-1989 for consultation regarding pre-natal diagnosis of Thalassaemia Major and check up as to whether the baby in the womb would be suffering from the same disease. The Opposite Party No. 2, Dr. Ishwar C. Verma, on examination, advi-sed for Foetus Test for Thalassaemia Major and gave her tubes for Chorionic Villus S
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