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A. P. SAHI, SADHNA SHANKER
Baby Palak Khan – Appellant
Versus
Amit Upadhyay – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Amit Wadhwa, Advocate, Mr. Aftab, In Person
For the Opp. Party No.1:Mr. Anoop Kaushal, Advocate, Dr. Amit Upadhyay, In-Person
For the Opp. Party Nos.2 and 3:Mr. Ravi Gopal, Advocate

ORDER

A.P. Sahi, President—The violation of the Hippocratic oath, allegations of gross negligence and omission to take ordinary routine care of a new-born child are the issues raised in this complaint by the child Palak, through her parents Aftab Khan (father) and Mrs. Nazrana (since deceased). The grievance is that immediately upon her birth on 3.7.2015 at Tarachand Hospital Hapur, which was a premature delivery, the child having certain respiratory distress was shifted to Lala Lajpat Rai Memorial College Hospital, Meerut Uttar Pradesh. She was treated at the Neo-natal unit of the Paedeatric Department which according to the complainants was negligent care as a result whereof she ultimately lost her eyesight.

2. Complaints were filed and the matter was contested at several Forums alleging that the Opposite Parties herein more particularly the Respondent No.1 and his assistant Respondent No.2 were responsible for gross negligence at the initial stage of the treatment and subsequently, the third Respondent also did not provide the requisite treatment and care that ultimately resulted in the loss of sight of the baby girl. Consequently, a claim based on negligence and deficiency in s

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