Master Hari Om Sharma (Minor) VS Indraprastha Apollo Hospital

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

S. M. KANTIKAR
Master Hari Om Sharma (Minor) – Appellant
Versus
Indraprastha Apollo Hospital – Respondent

Advocates:
Counsel for the Parties:
For the Complainant:Ms. Ruchi Munjal, Advocate
For the Opp. Party:Dr. Lalit Bhasin, Advocate and
Mr. Vijayant Sharma, Advocate for OP-1
For the Opp. Party:Ms. Nandini Sen, Advocate for
OP-2
For the Opp. Party:Mr. K.G. Sharma, Advocate for
OP-3

ORDER

The Present Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act, 1986”) by Master Hari Om Sharma (Minor) through his father Manoj Kumar Sharma. (hereinafter referred to as the ‘Complainants’) against Indraprastha Apollo Hospital & its 2 Doctors (hereinafter referred to as the ‘Opposite Parties’) seeking compensation of Rs. 1.55/- crore towards the negligent act of removing kidney of the minor without the consent of the Complainant’s parents.

2. On 25.03.2009, Master Hari Om Sharma, aged 5 years, (hereinafter referred to be as the ‘patient’) was taken to Dr. Rajan Kalra (OP-3) at Kalra Child Centre in Faridabad for the complaints of large volume of blood in the stools. The child was admitted and after examination and investigations blood tests, Ultrasound (USG) of the whole abdomen the OP-3 diagnosed it as ‘Intussusception’ and advised for surgery. The USG showed both the kidneys were normal. On 28.03.2009, the child was shifted to Indraprastha Apollo Hospital (OP-1) for treatment from Dr. Sujit Kumar Choudhary (OP-2) the Pediatric Surgeon & Urologist.

3. On the evening of the same day, the child was operated by OP-2 and his team and

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