ORDER

Dr. S.M. Kantikar, Presiding Member “Every death in an institutionalized environment of a hospital does not necessarily amount to medical negligence on a hypothetical assumption of lack of due medical care.”[ IV (2022) CPJ 7 (SC)]

The Present Complaint has been filed under Section 21 (Read with Section 24-A) of the Consumer Protection Act, 1986 (for short “the Act”) by Dr. Manik Chandra Khan & Gouranga Maji (hereinafter referred to as the ‘Complainants’) against M/s. Extent Medical and Surgical Centre & its 5 Doctors (hereinafter to be referred as the ‘Opposite Parties’) for alleged medical negligence causing death of daughter of the Complainant No.1.

The Complaint:

2. Ms. Sanchita Khan (since deceased herein referred to as a “Patient”) was suffering from fever and on 26.10.2015 her father took her to Dr. Amit Saha (OP-1) at Extent Medical & Surgical Centre (OP-6) at Chandannagar. The OP-1 prescribed medicines and few lab investigations. The next day (27.10.2015), at 11 am, the patient’s fever spiked to 1050 F and it decreased around 2 pm. She had loose motion also which, stated by OP-1, was due to side effect of Moxclav (Amoxicillin). He admitted her in OP-6 hospital on 28.1