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RAM SURAT RAM MAURYA, BHARATKUMAR PANDYA
V. C. Rawat – Appellant
Versus
Akshaya Hospital – Respondent
ORDER
Heard Mr. Arun Singh Tomar, Advocate, for the appellants, Mr. Deepesh Joshi, Advocate, for respondent-1 and Ms. Sweta Sinha, Advocate, for respondent-2.
2. Above appeal has been filed against the order of State Consumer Disputes Redressal Commission, Madhya Pradesh, dated 15.02.2023, dismissing CC/10/2010 filed by the appellants.
3. V.C. Rawat, Shishir Rawat, Sumit Rawat and Sachin Rawat (the appellants) filed CC/10/2010, for directing the respondents to pay (i) Rs.60/- lakhs with interest @18% per annum from 01.04.2009 till the date of realisation, as the compensation; (ii) litigation costs; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.
4. The complainants stated that V.C. Rawat is husband and Shishir Rawat, Sumit Rawat and Sachin Rawat are sons of the deceased Smt. Rama Rawat. Smt. Rama Rawat, aged about 63 years (for short the patient) did Post Graduation in (i) Sociology, (ii) Drawing & Painting and (iii) Music and was on Singer’s List of All India Radio, Bhopal. She was an active member of IAS Officers Wives Association Club, Vanita Samaj Ladies Club, Anand Vihar and Vidya Nagar Colony Club. The patient was a regula
Medical negligence – Principle of Res Ipsa Loquitur get attracted where circumstances strongly suggest partaking in negligent behaviour by person against whom accusation of negligence is made.
(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) 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....
Negligence - The patient was given the best possible treatment in accordance with accepted medical standards. It is indeed unfortunate that the patient could not be saved and the death was not on acc....
(1) Non Supply of Medical Records – deficiency in service by the Opposite Parties is glaringly apparent with regard to non-supply of copies of the medical records, as sought for by the complainants.
Medical practitioners must ensure informed consent is obtained from patients before treatment, disclosing all associated risks to avoid liability.
(1) Expert Opinion Requisites – The Commission noted that while Section 13(1)(c) allows for expert opinions, they are not mandatory if the medical records and the findings of statutory bodies (MCI/DM....
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