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S.M.KANTIKAR, DINESH SINGH
Shobha Agarwal – Appellant
Versus
Escorts Heart Institute & Research Center Ltd. – Respondent


Counsel Appeared at the time of arguments
For Complainant :Mr. G. N. Purohit, Sr. Advocate with Mr. Siddharth Gautam, Advocate
For Opposite Parties :Mr. Sanjeev Puri, Sr. Advocate with Mr. Kamal Kumar, and Ms. Pragya Puri, Advocates

ORDER

Dr. S. M. Kantikar, Presiding Member—In the medical practice there are inherent potential conflicts of interest, which are not necessarily wrong or reprehensible. However, the Cardiologists’ primary obligations in these contexts are to serve the best interests of the patients, above those of groups, institutions, and self-interests. The doctor’s skill, expertise and knowledge is needed to reach the common man. From day today practice it is an issue whether an angioplasty-stent procedure for planned surgical revascularization is chosen because it is in the patient’s best interest, or to increase the number of compensable interventions. The patients need to regain the trust, and the medical profession needs to re-establish its integrity.

The Facts:

On 30.05.2000, Mr. Sharad Kumar Aggarwal (since deceased, herein referred to as ‘the patient’) from Jabalpur, for his some cardiac ailments, got admitted in The Escorts Heart Institute & Research Centre Ltd. - the OP-1 (herein referred to as ‘the EHIRC- Hospital’) at New Delhi. He underwent Stress test, ECHO, Tread Mill Test (TMT) and Angiography. There was no coronary artery blockage. The Ejection Factor (EF) was 35% and Global Hypo

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