The judgment establishes the principle of medical negligence under the Consumer Protection Act and the liability of service providers for deficiencies in service. It also emphasizes the importance of providing timely and proper medical care.

ORDER

Mrs. Neena Sandhu, Member - In brief, the facts of the case are that, the only daughter of the complainants, Ms.Anupama, aged about 16 years, studying in Class XI in Govt. Girls Model Sr. Sec. School, Sector 18-C, Chandigarh was travelling in a CTU bus bearing registration No. CH01-GA-5021 on 17.7.2012 from her school for going to her residence. The bus was being driven rashly and negligently by the Bus driver. It was stated that, in the absence of Conductor, in the Bus, the deceased fell down from the Bus and her left leg was crushed under the rear tyre of the same. She was taken to the Post Graduate Institute of Medical Education and Research, Chandigarh (hereinafter to be called as PGI only) where she died on 24.7.2012, due to medical negligence. Copy of the FIR No. 133 of PS Sector 19, Chandigarh is Annexure C-1. It was further stated that the injured Ms. Anupama was taken to the advanced trauma centre of PGI by the police authorities, where her left leg was bandaged by Dr. Jujhar, Junior Resident (OP No. 3). The bandaging was done, in a most incompetent manner, and the blood kept on oozing out. It was further stated that the complainants were told that the injured girl required an emergency operation, which was being arranged by the Doctors concerned, whereas the X-rays and other tests were carried out. It was further stated that, however, the required operation was never arranged and the injured-Ms. Anupama continued to suffer in excruciating pain, both mentally and physically. It was further stated that the condition of Ms. Anupama started deteriorating day-by-day, but no medical attention was being given to her by the PGI doctors, after the initial bandaging. So much so that, even the bandage was not changed nor the wounds washed, for days together, by the ATC doctors. The complainants kept on requesting the doctors, on duty, to properly medically treat their daughter and to alleviate her pain, but all their pleas fell on their deaf ears. It was further stated that the attitude of the doctors on duty, was most insensitive and opposed to medical norms. It was further stated that what to talk of the operation, the ATC doctors did not even change the dressings/bandage of Ms. Anupama, which ultimately resulted in the development of gangrene and septicemia. Once, another bandage was put over the earlier one itself, which was against medical ethics. It was further stated that Opposite Party No. 1-Hospital amputated the left lower limb of Ms. Anupama, in a projected attempt, to prevent the gangrene from spreading to other parts of the body. The doctors of Opposite Party No. 1-Hospital failed to check or control the spread of gangrene, leading finally to the untimely death of Ms. Anupama on 24th July, 2012 at the OP hospital. It was further stated that on 18th July, 2012, the doctors even asked the complainants to buy and bring the medicines and surgicals for operation, which were duly handed over to the doctor on duty but despite this no operation was carried out. It was further stated that on 20th July, 2012 the complainants were shocked to learn that infection and gangrene had spread to Ms. Anupama's left leg, whereupon the doctors of opposite party No. 1-Hospital amputated the lower left leg. However, the condition of Ms.Anupama went on deteriorating. On 21st July, 2012, she lost consciousness due to pain and trauma. The infection and gangrene spread. Her blood pressure fell to 40 pm. She stopped urinating. Her kidney was adversely affected. Opposite party No. 1-Hospital started dialysis on 23rd July, 2012. However, Ms. Anupama succumbed to the medical negligence of opposite party No. 1-Hospital on 24th July, 2012.

2. It was further stated that the opposite party No. 1-Hospital itself conducted the post-mortem vide PMR No. 16969 dated 24.7.2012 (Annexure C-2). It was further stated that a perusal of the PMR clearly showed that Ms. Anupama was duly admitted to opposite party No. 1-Hospital on 17.7.2012 and there was me