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S.M.KANTIKAR
Aparna Pandey – Appellant
Versus
Indraprastha Apollo Hospitals Delhi – Respondent


Counsel for the Parties:
For the Complainants:Mr. Bijendra Singh and Mr. S. P. Mishra, Advocates
For the Opp. Parties:Mr. Anand Jain and Ms. Rosy, Advocates

ORDER

Dr. S.M. Kantikar, Presiding Member—Brief facts are that on 03.12.2006, Mr. Umesh Pandey about 36 years of age (since deceased, hereinafter referred to as the “patient”) visited the Indraprastha Apollo Hospital, Delhi (hereinafter referred to as the “Hospital / Opposite Party No. 1) for the complaint of jaundice. Dr. Subhash Gupta (hereinafter referred to as the “Opposite Party No. 2) examined him and after conducting investigations admitted the patient in the Opposite Party No. 1 Hospital. The treatment was advised for urgent Liver Transplantation and the Opposite Party No. 2 assured 100% cure as in those days, it was safe surgery which he does regularly. The patient could go home ten days after surgery and could resume his normal duty after two months. On 08.12.2006, the patient’s wife Aparna Pandey – the Complainant No. 1 herself was willing to donate her liver but it could not match. Two other donors were also tested but they also not found suitable for liver donation. Thereafter, the mother of the Complainant No. 1 was tested and found suitable to donate part of her liver to the patient i.e. her son-in-law. Accordingly the hospital obtained appropriate approvals for orga

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