MANOJIT MANDAL, MRIDULA ROY
Arnab Gupta – Appellant
Versus
Ramesh Prasad – Respondent
ORDER
Manojit Mandal, President—These are two Appeals against the Order dated 15.11.2017 passed by the Consumer Dispute Redressal Forum, Kolkata – Unit – III (South) West Bengal (in short District Commission) in connection with Complaint Case No.CC/88/2016.
2. Shri Ramesh Prasad, Shri Ravi Prasad and Shri Jyoti Prasad and Smt. Lakhi Devi (hereinafter the Complainants) filed the said Consumer Case before the District Commission.
3. The Complainants/Opposite Party No.1, 2, 3 & 4 instituted the Complaint Case being No.CC/88/2016 against the Appellants of both the Appeals and Dr. K.K. Maity, Opposite Party No.1 praying for the following reliefs:
i) To direct the OP nos. 4 and 5 i.e., ESI Hospital and Saroj Gupta Cancer Centre & Research Institute to furnish the entire medical treatment records and/or sheets of the patient, Shankar Prasad for ends of justice.
ii) To direct the OPs to pay a total compensation to the tune of Rs.15,20,000/- (Rupees fifteen lakhs twenty thousand only) for the irreversible loss and damage suffered by the complainants and their family. And
iii) To pall such further order or orders as Your Lordship deems fit and proper.
4. Brief Facts of the Complaint Ca
Medical negligence – Treating Doctor must show utmost care while handling critical patients.
(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....
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.
Shifting of patient – it is proved beyond doubt that it was not the Complainant’s decision of shifting the patient but the Appellant and the Opposite Party No. 2 Hospital referred the patient to any ....
(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 ....
Medical negligence requires evidence of a breach of duty by the medical professional, which was not established in this case.
Protection of Life – OPs failed to bring on record that inherent infrastructure and expertise to protect the life of deceased who was admitted.
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