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S. M. KANTIKAR, BINOY KUMAR
Surendranath Reddy – Appellant
Versus
Umkal Hospital – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Ms. Kanika Agnihotri, Advocate, Ms. Yashodhara Gupta, Advocate
For the Opp. Parties:Mr. Rajeev Sharma, Sr. Advocate, Mr. Rajat Krishna, Advocate, Ms. Shruti Sharma, Advocate, Mr. Saket Chandra, Advocate for OP Nos.1 and 2

ORDER

Dr. S.M. Kantikar, Presiding Member—This Complaint was filed by Dr. Surendranath Reddy the Complainant under Section 21(a)(i) of the Consumer Protection Act, 1986 against the Opposite Parties Umkal hospital & Ors. for the alleged untimely death of his son due to medical negligence and deficiency during treatment.

2. The facts are that on 07.06.2005, the Complainant’s son Harish Reddy, about 33 years old (since deceased hereinafter referred to as ‘the patient’) was taken by his friend Mr. Shivaz Rai to the Umkal Hospital (hereinafter referred to as ‘the OP No. 1 – Hospital) with the complaints of tachypnoea, breathlessness and extreme fatigue. The patient had not consumed food for 4-5 days . It was diagnosed alcoholic keto-acidosis and alcoholic liver disease. On the next day 08.06.2005 the Partial pressure of Carbon Dioxide (PCO2) level was continuously fluctuating, but no medication was given to correct PCO2 level. Once the PCO2 level shot up to 56.2 and thereafter, on 09.06.2005, the level of PCO2 became very low 28. Subsequently at 3:45 PM the patient suffered the first Cardiorespiratory arrest and he was intubated. It was alleged the patient was not kept under constant ca

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