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S. M. KANTIKAR, BINOY KUMAR
Chief Medical Officer, Ispat Hospital – Appellant
Versus
Peter Anand Kumar Ekka – Respondent
ORDER
Dr. S. M. Kantikar, Presiding Member—The instant appeal is a challenge against the impugned Order dated 25.06.2012 passed by Jharkhand State Consumer Disputes Redressal Commission Ranchi (for short ‘the State Commission’) in CC No. 13 of 2003 whereby the State Commission held the Opposite Parties Nos. 1 to 5 (Appellants herein) liable for medical negligence. The State Commission dismissed the complaint against the Apollo Hospital, the OP No. 6 (Respondent No. 4 herein).
2. Brief facts that, on 02.07.2001 the Complainant’s wife Smt. Sudha Ekka, aged 45 years (since deceased hereinafter referred to be the ‘patient’) was operated by Dr. P.K. Agrawal for laparoscopic cholecystectomy (removal of gall bladder)in the ISPAT Hospital (OP-1). During hospital stay on 09.07.2001, the bile discharge found to be abnormally high. Therefore on the next day she was referred to Andur Razzaque Ansari Memorial Weavers’ Hospital (OP-6), (for short ‘Apollo Hospital’). There ERCP was performed but it remained incomplete as the doctor was unable to cannulate the Common Bile Duct (CBD). Finally,
Bile - The doctors/staff on duty at Apollo Hospital failed to insert drainage tube, which could have accumulated the bile.
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Medical professionals must adhere to established standards of care and obtain informed consent; failure to do so constitutes negligence.
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