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S. M. KANTIKAR
Suresh Chandra Parakh – Appellant
Versus
Naresh Trehan – Respondent
ORDER
The Present Complaint has been filed under section 21 (a) (i) of the Consumer Protection Act, 1986 (for short “the Act”) by Suresh Chandra Parekh (hereinafter referred to as the ‘Complainant’) against Dr. Naresh Trehan & Medanta, The Medicity (hereinafter referred to as the ‘Opposite Parties’) seeking compensation to the tune of Rs. 2,25,68,000/-
2. On 31.03.2014 The Complainant Suresh Chandra Parekh, aged 74 years visited Medanta Hospital (OP-2) with problems of Angina & heaviness in chest. He was admitted on next day i.e. 01.04.2014 and Coronary Angiography (CAG) was done. It revealed “Native Triple Vessel Disease (TVD)” consisting of LAD having 100% Blockage, LCX as Dominant vessel having Two Blockages-80 % & 50%. Thereafter, Dr. Trehan (OP-1) advised the Complainant for “Bypass Surgery” and told that he would perform the surgery. Accordingly, on 07.04.2014 surgery was performed by OP-1. It was alleged that only one blockage (LAD) was By-passed and the remaining two blockages (LCX) were left untouched. It was further alleged that OP-1 never informed the Complainant about
Medical Negligence – Doctor is not to be held negligent simply because a mishap occurred.
Negligence in medical treatment must be proven with concrete evidence, and mere adverse outcomes do not imply failure of care.
Doctors cannot be held liable for negligence if they exercised standard care and the delay in treatment is due to the complainant's actions.
Standard care - It should be borne in mind that the type of medical service offered, the practitioner’s expertise, training, and experience, and even the location where the treatment took place may a....
Medical professionals are not liable for every adverse outcome in surgery unless unreasonable care is shown, emphasizing the complexity and inherent risks in medical practice.
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