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S.M.KANTIKAR, DINESH SINGH
Samir Rai – Appellant
Versus
Medanta Hospital – Respondent


Advocates:
Counsel for the Parties:
For Complainants :Dr. M.C. Gupta, Advocate
For Ops :Mr. Siddharth Luthra, Sr. Advocate, Mr. Joy Basu, Sr. Advocate with, Ms. Shyel Trehan, Advocate, Ms. Himanie Katoch, Advocate, Mr. Kanak Bose, Advocate, Mr. Rohan Poddar, Advocateand Mr. Kumar Vaibhav, Advocate

ORDER

Dr. S.M. Kantikar, Presiding Member —The complaint was filed by Dr. Samir Rai and his wife Dr. Arpita Rai for alleged medical negligence on the part of the OPs. Dr. Samir Rai expired during the pendency of the complaint, it is being further pursued by the surviving complainant.

2. The first complainant Dr. Sameer Rai a renowned Urologist from Amritsar (since deceased herein after referred to as “the patient”) was diagnosed to have Aneurysm of the arch of Aorta and on 11.07.2010 referred to New Delhi. On 12.07.2010 he got admitted in Medanta Hospital at Gurgaon (the OP-1) for replacement of Aortic arch. The CT scan and other investigations were performed on 16.07.2010. It was alleged that the CT contrast material caused severe allegoric reaction and resulted into hoarseness of voice and bout of blood came from throat. The doctors contended that it was due to rupture of Aneurysm. The Complainant alleged that the diagnosis of rupture of the Aneurysm was totally wrong, and the OPs-2 & 3 have decided to perform urgent surgery on the next day. The doctors did not provide proper information about the nature of disease and choice of surgery to be performed. The consent was not an infor

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