R.K.AGRAWAL, S.M.KANTIKAR
Sarita Shukla – Appellant
Versus
Ashwin K. Gadhvi – Respondent
ORDER
Dr. S.M. Kantikar, Member—The instant Appeal has been preferred by the Appellant/Complainant (Smt. Sarita Shukla) under Section 19 of the Consumer Protection Act 1986 against the Order of the Gujarat State Consumer Disputes Redressal Commission (hereinafter referred to as the “State Commission”) dated 18.04.2011 passed in Complaint No. 209/2001, wherein the Complaint was dismissed.
2. For the sake of convenience, the Parties are mentioned as in the Original Complaint.
3. Brief facts as stated in the Complaint are that the husband of the Complainant (hereinafter referred to as the “deceased”) was having difficulty of cough and cold and consulted Dr. Ashwin K Gadhvi (hereinafter referred to as the ‘Opposite Party-1’on 01.01.2001. Opposite Party-1 advised him X-Ray and sonography which was done by one, Dr. Paresh Mehta and within few hours Dr. Paresh Mehta gave the sonography and X-Ray report based on which the Opposite Party No. 1 advised the deceased to get admitted in the hospital for general check-up without assigning any reasons for the X-ray and sonography. In the morning of 04.01.2001, the deceased experienced stretching in his hand and his mother-in-law informed about th
(1) Return of Documents - As the patient did not bring any medical record, there was no question for the Opposite Party No. 2 to return any documents.(2) Medical Protocol - while adopting a course of....
The burden of proof for medical negligence lies with the complainant, who must provide substantial evidence; mere allegations are not sufficient.
Medical Negligence - It is necessary that sufficient material or medical evidence should be available before the adjudicating authority to arrive at the conclusion that death is due to medical neglig....
“Since doctors made all efforts to resuscitate the patient from the cardiac arrest but could not revive the patient and since treating doctors performed their duty with reasonable standard of care, t....
(1) Pancreatitis – Pancreatitis could be detected only much later but OPs cannot be held responsible.(2) Negligence – The patient’s treatment was based on from OP No.3, which further underscores negl....
Protection of Life – OPs failed to bring on record that inherent infrastructure and expertise to protect the life of deceased who was admitted.
(1) Medical record - It should be borne in mind that “good medical record is good defense, poor medical record is poor defense”.(2) Medical negligence - The child was deprived of proper treatment at ....
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