Dr. S.M. Kantikar, Member—“It is important when administering any potentially harmful medication that contraindications have been reviewed and don’t exist. Therefore, a Hospital that fails to follow, or has an employee breach, the recommended standards of care set out by the drug formulation faces increased chances for being held liable by a court. The patient, who suffered has the greatest chance of succeeding on a claim for negligence”.

1. This order shall decide above-said two appeals. For the convenience, facts are drawn from First Appeal No. 522 of 2013, and the parties are placed to its original position as in the complaint.

2. The brief facts relevant to dispose of these appeals are that the complainant, Shri Sitaram Srivastava’s wife, Smt. Krishna Devi, since deceased, (herein after referred as the patient) suffering from vitiligo skin disease, approached Dr. S. C. Aggarwal, a Skin specialist of Kanpur in January, 1998. Dr. Aggarwal treated her by drug ‘Levamisole 150 mg’. It is alleged that said drug was not meant for treatment of Vitiligo and over dose of said medicine developed nausea, vomiting, pain in abdomen etc. The patient discontinued the treatment on 18.2.199