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B.C.GUPTA, S.M.KANTIKAR
Reetu Jhamat – Appellant
Versus
Neelkanth Hospital – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Niranjan Maurya, Advocate
For the Opp. Party Nos.1 and 3:Mr. Harsh Kumar, Advocate
For the Opp. Party No.2: Dr. Subrat Saxena, in person with Mr. Sanjay Agarwal, in person

ORDER

Dr. S.M. Kantikar, Member—This complaint has been filed under Section 12 of the Consumer Protection Act, 1986 alleging medical negligence on the part of opposite parties.

2. The brief facts are that on 3.8.2016, the complainant, Reetu Jhamat (for short, ‘patient’) approached Dr. Subrat Saxena/OP-2 at M/s Neelkanth Hospital for her abdominal pain. After ultrasound (USG) study, she was diagnosed “Cholelithiassis” i.e. Gall bladder stone (multiple small gall bladder stone). She underwent laparoscopic Cholecystectomy on the same day and discharged from the hospital/OP-1 on 5.8.2016. Again, she suffered severe pain in operated area, therefore, she was admitted in OP-1 on 7.8.2016. After investigation, the doctors found that large amount of fluid was collected in the abdomen and lungs. The Magnetic resonance cholangio-pancreatography (for short, ‘MRCP’) was done and reported as segmental irregularity and narrowing of common hepatic duct immediately distal to the confluence with fluid extravasation from the proximal end into the porta hepatis and ascites.

3. Therefore, the complainant alleged that during procedure, the OP has injured a common hepatic duct which caused pleural effusion














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