ORDER

Res ipsa loquitur is not a cause of action but a rule of evidence. It eliminates the need for expert testimony on the standard of care and if the standard of care was breached, but it does not eliminate the complainant’s need to establish the causation.

The present Complaint has been filed under section 21 of the Consumer Protection Act, 1986 by Smt. Barnali Chowdhury (Complainant No. 1) and her son – Master Samanway Chowdhury (Complainant No. 2) against the Woodlands Medical Centre, Kolkata (for short ‘Woodland Hospital – OP-1), Dr. Rajesh Jindel, Oncologist In charge (OP-2) and Dr. Sanjay Patwari, Anesthetist (OP-3) for alleged medical negligence causing death of Kuntal Chowdhury due to administration of Vincristine intrathecally.

2. The Complaint:

2.1 In Feb-March 2008, Mr. Kuntal Chowdhury (since deceased, hereinafter referred to as the ‘patient’) was diagnosed as Stage IIB Non-Hodgkin’s Diffuse large B-cell lymphoma (NHL- DLBCL) at Tata Memorial Hospital (TMH), Mumbai. He was under treatment of Dr. Purvish M. Parikh Professor and Head of Department of Medical Oncology. The Chemotherapy by MCP 842 protocol was advised. At the end of March, the patient was airlifted to Kol