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V.K.JAIN
Gyan Mishra – Appellant
Versus
Sahara India Medical Institute Limited – Respondent


Advocates:
Counsel for the Parties:
For the Complainant: Mr. Dron Mishra, Son/A.R.
For the Opposite Party No. 1 & 2
For the Opposite Party No.4 Mr. Dron Mishra, Son/A.R.
Mr. Gautam Awasthi, Advocate
Mr. Ayush Choudhary, Advocate
(Informed at a later day that he also represents OP No.3)
Mr. Kapil Kher, Advocate
Ms. Deepika Sood, Advocate

ORDER

V.K. Jain, Presiding Member

Late Shri Gyan Mishra, husband of the complainant Rupa Mishra and father of the other complainants visited opposite party No.2, Dr. Sandeep Agarwal, who is a Neurologist, for the first time on 02.5.2011 in Sahara Hospital, Lucknow. The said visit was followed by subsequent visits for consultation with Dr. Sandeep Agarwal. He was admitted in Sahara Hospital in Lucknow on 24.9.2012 and was discharged from there on 25.09.2012. During his stay in the said hospital, his pathology tests were done on 24.09.2012 and his serum creatinine was found to be 3.43 as against the range of 0.7 – 1.2. No further investigations or treatment for monitoring and management of the high serum creatinine which was indication of a kidney disease was advised to him at the time of his discharge from Sahara Hospital, nor was he advised to consult a Nephrologist for the said purpose. He was again admitted to Sahara Hospital on 09.12.2013 and was seen by Dr. Sandeep Agarwal as well as by opposite party No.3 Dr. Muffazal Ahmed, who is a Nephrologist. Opposite party No.3 informed him and his family members that the complainant was suffering from end stage renal disease and required

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