Back
S. M. KANTIKAR, BINOY KUMAR
Manju Rai – Appellant
Versus
Sanjay Gandhi Post Graduate Institute of Medical Science – Respondent
ORDER
Dr. S. M. Kantikar, Presiding Member—This Consumer Complaint has been filed by Ms. Manju Rai the Complainant under the Consumer Protection Act, 1986 (for short ‘the Act,1986’) for alleged death her husband due to medical negligence, carelessness and deficiency in service against Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow and Others (for short ‘SGPGI’ ‘Opposite Party’).
2. The relevant facts stated by the Complainant that her husband Mr. Rajendra Pratap Rai (since deceased hereinafter referred to as the ‘patient’) was suffering from Cervical Spondylitis and was under medical treatment for almost a year. He consulted Dr. D. K. Chhabra (for short, ‘OP-3’), Department of Neurosurgery at SGPGI and on 31.10.2001, he was successfully operated in SGPGI. After the operation, he was kept in Neurosurgery ICU for a night. On next day morning, X-ray Cervical Spine shown as normal and then he was shifted to Neurosurgery General ward. After 3 days the patient started complaining severe pain on upper back (both sides), shoulder, and up to arms & elbow. It was alleged that the doctors who increased the dosage of painkillers and he got some relief, but the pain continue
(1) Death of patient - The death of patient was not due to oesophageal perforation and no way related to the surgery also. Patient died due to sudden unexpected and unrelated hematemesis.(2) Treating....
(1) DEXA scan — From the medical literature DEXA scan is not mandatory in each case.(2) Accepted method —OP-1 used the accepted method of treatment and thus it was a reasonable standard of practice, ....
(1) Medical Board Report - Looking to the Medical Board Report, entire record, Bed Head Ticket of the patient, Commission was of the view that, the patient was given proper care, timely and possible ....
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....
(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....
Medical negligence – Principle of Res Ipsa Loquitur get attracted where circumstances strongly suggest partaking in negligent behaviour by person against whom accusation of negligence is made.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
