J. RAJENDRA
Parulben Shailesbhai Chunara – Appellant
Versus
Vinaykumar C. Sinh – Respondent
ORDER
The present Revision Petition has been filed under Section21(b) of the Consumer Protection Act, 2019 (the “Act”) against impugned order dated 24.09.2015, passed by the State Consumer Disputes Redressal Commission, Gujrat (‘State Commission’) in First Appeal No. 1673 of 2013. In this appeal, the Respondent/OP appeal was allowed, thereby setting aside the Order dated 10.07.2013, passed by the District Consumer Disputes Redressal, Anand (District Forum”) in CC No. 246 of 2010, wherein the Complaint was allowed.
2. For convenience, the parties are referred to as per positions in the Consumer Complaint before the District Forum. Mrs Parulben Shaileshbhai Chunara is the Complainant and Dr. Vinay kumar C. Sinh, Maltidevi Maternity Hospital is Opposite Party (OP) doctor.
3. In brief, the Complainant, who was pregnant, was under care of the OP doctors from the beginning. Upon admission for delivery to OP hospital on 24.04.2010, she experienced pains on the following day and was taken to labor room. During delivery inexperienced assistants and nurses used inappropriate language and threatened her. After a difficult delivery, the baby boy was born. However, she suffered excessive bleeding
(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) 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 –....
(1) Medical practitioner – Medical practitioner will be held liable for negligence only in circumstances when their conduct falls below the standards of a reasonably competent practitioner.(2) Line o....
(1) Mere deviation from normal professional practice is not necessarily evidence of negligence.(2) Error of judgment on part of professional is not negligence per se.(3) Negligence cannot be attribut....
(1) Revision – A revision under Section 21(b) of the Act, 1986 confers very limited jurisdiction on this Commission. In the present case there are concurrent findings of the facts and scope for revis....
(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....
Revision Petition - there are concurrent findings of fact and the revisional jurisdiction of National Commission is limited. Within the meaning and scope of section 21(b).
Healthcare providers must adhere to the standard of care associated with their qualifications, reinforcing medical negligence principles.
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