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GAUTAM CHOURDIYA, RUCHI GOEL, GOPAL CHANDRA SHIL, PRAMOD KUMAR VARMA
Manisha Chakole – Appellant
Versus
Gayatri Hospital – Respondent
JUDGMENT
Gautam Chourdiya, President—This appeal under Section 15 of the Consumer Protection Act 1986 (hereinafter referred to as “the Act” for short) is directed against order dated 29/06/2019 passed by District Consumer Disputes Redressal Commission, Raipur (hereinafter called “District Commission” for short) in Complaint Case No.53/2012 filed by the complainant/appellant herein, claiming Rs.15,00,000/- as compensation for deficiency in service, Rs.2,00,000/- as compensation for mental agony and cost of the complaint. The District Commission has dismissed the complaint, hence this appeal.
2. In nutshell the facts of the case as per the record of the District Commission are that the husband of the appellant/complainant Madhukar Chakole, aged 48 years was admitted in ICU of the Hospital of Dr. Arun Madharia opposite party No.1/respondent No.1 on 22/08/2011 suffering the problem of stomach ache, stoppage of urine and feces. After doing necessary tests and examinations the patient Madhukar Chakole was taken for operation on 25/08/2011. Signatures of the complainant /appellant and her relatives were taken on printed consent form by the OPs and then operation was started around 7 a.m.
(1) Medical Board Report - Looking to the Medical Board Report, entire record, Bed Head Ticket of the patient, Commission was of the view that, the patient was given proper care, timely and possible ....
Medical negligence – Principle of Res Ipsa Loquitur get attracted where circumstances strongly suggest partaking in negligent behaviour by person against whom accusation of negligence is made.
(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....
In every case where the treatment is not successful or the patient dies during surgery, it cannot be automatically assumed that the medical professional was negligent.
Medical Negligence – Doctor is not to be held negligent simply because a mishap occurred.
Medical practitioners must ensure informed consent is obtained from patients before treatment, disclosing all associated risks to avoid liability.
Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
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