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SUNITA YADAV, MONIKA MALIK
Krishna – Appellant
Versus
Pramod Sharma – Respondent
ORDER
Dr. Monika Malik, Member.—This appeal by the appellant/complainant (hereinafter referred to as ‘complainant’) is directed against the order dated 18.4.2022, passed by the District Consumer Disputes Redressal Commission No.1, Indore (for short ‘District Commission’), in complaint case No. 626/2014, whereby the District Commission has dismissed the complaint filed by her.
2. Case of the complainant is such that she observed pain in her abdomen and had therefore, shown to the opposite parties/doctors. She was admitted in their hospital on 16.1.2013, regarding removal of masses which were there in her abdomen. She alleged that after surgery she felt distension in her abdomen. On 23.1.2013 C.T. Scan was conducted and it was observed that intestines of the complainant got entangled in the surgery performed by the opposite parties/doctors. The opposite parties/doctors insisted on performing another surgery, which was done on 26.1.2013. The complainant was subsequently discharged on 6.2.2013. The complainant alleged that despite the second surgery, she observed no relief in the abdominal distension and she observed severe pain in her abdomen. The opposite parties/doctors thereafter r
(1) Negligent Act – Intestinal adhesions are a known risk of major abdominal surgeries and cannot, by themselves, establish a “negligent act” without further evidence of a breach of standard protocol....
:(1) Pre-operative Investigations – It is considered a “judgment of error” and deficiency in service if a doctor proceeds with an exploratory laparotomy (surgery) without conducting proper prior inve....
(1) Burden of Proof & Expert Opinion – Under the Consumer Protection Act, to establish medical negligence, there must be material on record or appropriate medical evidence (Expert Opinion) tendered. ....
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).
Medical negligence – Onus to prove medical negligence lies largely on claimant.
(1) Poor Medical Record – Poor Medical Record maintained by the hospital, itself, was a deficiency in service and failure of duty of care.
“Medical negligence cases need expeditious disposal of matter in the interest of justice.”
(1) Negligence – Every mishap shall not be construed as a negligence of the treating doctor or the hospital to fasten the liability
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