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INDER JIT SINGH
Maya Sharma – Appellant
Versus
Raj Hospital – Respondent
ORDER
The present Revision Petition (RP) has been filed by the Petitioner(s) against Respondent(s) as detailed above, under section 21(b) of Consumer Protection Act 1986, against the order dated 22.05.2018 of the State Consumer Disputes Redressal Commission, Jharkhand, Ranchi, (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 82/2017 in which order dated 28.11.2016 of District Consumer Disputes Redressal Forum, Ranchi (hereinafter referred to as District Forum) in Consumer Complaint (CC) no185/2003 was challenged, inter alia praying to set aside the order passed by the State Commission.
2. While the Revision Petitioner(s) (hereinafter also referred to as complainants) were Respondents and the Respondent(s) (hereinafter also referred to as OPs) were Appellants in the said FA/82/2017 before the State Commission, the Revision Petitioner(s) were complainants and Respondent(s) were OPs before the District Forum in the CC no.185/2003
3. Notice was issued to the Respondent(s). Parties filed Written Arguments/Synopsis on 13.03.2020 (Respondents/OPs) and 19.10.2020 (Petitioners/complainants) respectively.
4. Brief facts of the case, as emerged from the RP, Order
(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....
Critical condition - If the patient was in a critical condition and he could not survive even after surgery, keeping that in mind the blame cannot be passed on to the Hospital and the Doctor who had ....
Healthcare providers must adhere to the standard of care associated with their qualifications, reinforcing medical negligence principles.
(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 –....
Establishing medical negligence requires clear evidence of deviation from accepted standards, which was not present in this case.
(1) Standard of Care (Advice vs. Persistence) – The Commission clarified that once a doctor advises a necessary diagnostic test (like the Level-II Scan), the burden of compliance shifts to the patien....
(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 ....
(1) Definition of Negligence – Following the Jacob Mathew and Kusum Sharma precedents, negligence is defined as a breach of duty through omission or commission that a “reasonably competent” professio....
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