S. M. KANTIKAR
K. Vasanthi – Appellant
Versus
Chalasani Satyanarayana – Respondent
ORDER
The Complainant Mr. Chalasani Satyanarayana filed the Consumer Complaint before District Forum, Visakhapatnam against Dr. K. Vasanthi (OP-1) and Anupama Surgical Children’s Hospital (OP-2) for alleged medical negligence during the treatment of rectal abscess and further he suffered septicemic shock. He incurred huge expenses for treatment taken from different hospitals.
2. The District Forum allowed the Complaint and directed The OP-1 ad 2 to pay Rs. 6,29,300/- with cost of Rs. 10,000/- and Rs. 5,000/- as advocate fee. Being aggrieved, the OPs filed F.A. No. 1213/2009 for setting aside the Order of the District Forum, whereas the Complainant filed F.A. No. 291/2012 for enhancement of compensation.
3. The State Commission dismissed both the Appeals with the following observation:—
18. In view of the discussion made supra, we are of the considered opinion that there is deficiency in service and negligence on the part of OP in treating the complainant properly and also for the reason that they did not maintain any pre or post operation reports so also the surgical notes etc. which lead the complainant to take further treatment in care hospital. In view of the above discussion a
Medical records - Medical records not only serve as necessary documents for apt management of a patient, they are also legal documents.
(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....
1. Presumption of Facts - Commission cannot presume that the allegations in the complaint are inviolable truth even though they remained unsupported by any evidence2. None of the two medical opinions....
(1) Duty of care – The duty of care implies that the doctor must exercise reasonable skill and care, adhering to the standards expected of a medical professional in similar circumstances.(2) Breach –....
(1) Failure of duty of care - It was the duty of treating doctors to rule out the cause of Subarachnoid hemorrhage due to aneurysm. But in the instant case, the patient was discharged within short pe....
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