IMPORTANT POINTS
(1) Section 2(9)(ii) of the Consumer Protection Act, 2019 – The Commission emphasized the “Right to be Informed.” Keeping relatives in the dark about a patient’s unconscious state for 12 hours violates this right and negates the concept of “informed consent.”
(2) Standard of Proof & The Bolam Test – Under the principle of “preponderance of probability,” once an expert report establishes that a specific medicine caused death, the burden of proof shifts to the doctor to prove they followed a recognized medical protocol (the Bolam Test).

JUDGMENT

Milind S. Sonawane Member.—This is an appeal taking an exception to the judgment and order passed by the Learned District Consumer Disputes Redressal Commission, Latur( the ‘District Commission’ for short) in Consumer Complaint No.31/2022, wherein the District Commission held the appellants liable for the deficient service and directed them to pay Rs.20,00,000/- to each of the respondents as compensation and Rs.10,000/- for mental and physical harassment along with Rs.5000/- as the costs of the proceedings, within 45 days from the date of order. In default of the same the sums will carry interest @ 6% p.a. from the date of order till the realization. It has further been directed to deposit the amount of Rs.20 Lacs for each of the respondents in two different FD with Nationalize Bank till they attaints the majority, and the Bank in which such FDs would be kept be instructed to transfer the monthly interest credited in saving bank account of the guardian Mohan Nivrutti Patil for daily needs and education purpose of the minor respondents.

2. The brief facts of the appeal are that Revati Satish Gavkare was the mother of respondent no. 1 and 2 and the daughter of their guardian Mohan Patil. On 04.10.2020 at about 2.00 p.m. she gets the electric shock while performing her household work. She fell down on right shoulder and sustained injuries on hip joint. Her husband Satish Gavkare firstly took her to the hospital of Dr. Pawar for at Killari. He advised them to take the treatment at Latur, as he noticed severe injuries to her. Thus, on the same day she was taken by her husband to the hospital of Dr. Chalwade. Where, she was advised to undergo the surgery. But as the expenses of the same were much higher they went home.

3. By that time the Revati was undergone radiography for examination of the nature of injury. The Digital X-ray Centre had diagnosed fracture of head of right humerus with posterior shoulder dislocation. She was also undergone 3D CT Scan of right shoulder joint under the opinion of Dr. Chalwade on 04.10.2020 at Nivaran CT Scan Centre, Latur. These reports indicated that, the nature of injury was serious as soft tissue had noticed swelling with subluxation of right gleno-humeral joint space. On the advice and information given by one local doctor, she was taken the hospital of the appellants on 05.10.2020, where considering the nature and age of the injury she was advised to undergo surgery at the earliest. Accordingly, on the informed consent requisite pathological test were conducted and after all the health parameters found to be suitable, she was admitted in the hospital of the appellants. On 06.10.2020 at about 5.00 pm she was taken to the operation theatre for the surgery. It was told to her relative present there that she will be kept in operation theatre till, she regains conscious. It is claimed by the respondents that till 6 a.m. next day morning i.e. 07.10.2020 she was there and was unconscious. At that time the appellants all of a sudden referred her to Sahyadri Hospital, where she declared to be dead.

4. Thereafter the post mortem of her took place. On the of chemical analysis, her death was found to be caused by the negligence of the appellants. On the instance of the order from the Criminal Court, the FIR was lodged against the appellants. The papers of her treatment given by the appellants were referred to the expert committee of the Vilasrao Deshmukh Government Medical College, Latur to obtain expert opinion on the cause of death. The said committee on 22.01.2021 reported that, to give the general anesthesia the Injections Propofol and Atracurium and other medicines were given. So as recover the patient from the anesthesia some other medicines were also seen to have been administered. At the end of the surgery the patient suffered abnormal breathing and seizures. The treating doctor also administered medicine for seizures. But no improvement was seen in the condition of the patient. She was, t