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SUDIP AHLUWALIA
Niraj Kumar Sindhu – Appellant
Versus
Fortis Hospital – Respondent
ORDER
Sudip Ahluwalia, Member—This Revision Petition has been filed by the Petitioners/ Complainants against Respondents/ Opposite Parties challenging the impugned Order dated 14.08.2015 passed by the State Consumer Disputes Redressal Commission, Lucknow, U.P., in Appeal bearing No.2462 of 2011. Vide such Order, the State Commission allowed the Appeal while setting aside the Order dated 05.09.2011 passed by the District Consumer Dispute Redressal Forum, G.B. Nagar (U.P.) in Complaint No.413 of 2010.
2. The brief facts of the case are that the Complainant No.1’s father and Complainant No.2’s husband, Lt. Sh. Ramvir Singh was a patient of kidney disease, and had gotten his first kidney transplanted on 10.06.2002 and the second one on 12.12.2003 after which he was leading a healthy life. The deceased was the Principal of Janta Adarsh Inter College, Meerut, till 01.12.2009 whereas the Opposite Party No.2 was a Nephrologist at the Opposite Party No.1/Hospital. It was the case of the Complainants that the deceased had experienced cough and fever on 07.12.2009 and was consequently, admitted to Opposite Party No.1/Hospital under the supervision of the Opposite Party No.2. Later, the deceas
“Medical Negligence” - The omission on the part of the Hospital therefore to have the patient tested for H1N1 promptly would certainly be contrary to the requirements under the aforesaid Guidelines, ....
(1) Duty of care – The duty of care implies that the doctor must exercise reasonable skill and care, adhering to the standards expected of a medical professional in similar circumstances.(2) Breach –....
Medical Negligence – Screening test for HIV non-reactive requires specific confirmation – No deficiency in service or medical negligence.
(1) Pancreatitis – Pancreatitis could be detected only much later but OPs cannot be held responsible.(2) Negligence – The patient’s treatment was based on from OP No.3, which further underscores negl....
Healthcare providers must adhere to the standard of care associated with their qualifications, reinforcing medical negligence principles.
Pathological report - The veracity or otherwise of the pathological report should have been considered and examined by the State Commission which it failed to do.
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