Medical negligence is defined by a breach of duty. Mere errors in judgment by medical professionals don't equate to negligence if they act within acceptable standards.

1. This complaint is filed, under S.17(i)(a) of the Consumer Protection Act, 1986 , praying to direct the opposite party to pay Rs.99,99,000 towards unnecessary expenditure of money, mental agony and loss of health and for expenditure and to award future interest from the date of complaint till payment, to the complainants.

2. The gist of the complaint is as follows:
The complainant has been suffering from ill - health, went to Ramachandra Hospital, Chennai on 01/03/2014 and for examination, they have conducted several tests and stated that there is some problem in Kidneys and advised him to use medicines for one month, so that the illness will be cured and given medicines to him. The complainant went to Sanghamitra Hospital, Ongole on 12/06/2014 and they have also conduced some tests by the hospital and advised the patient to join as inpatient and accordingly the complainant admitted as inpatient in the opposite party hospital on 17/06/2014 and the doctor once again examined and advised him to put stunt to clear the infection in the kidneys. The complainant wanted to take another opinion from the specialist doctor Chenhuramjireddy in that hospital and the complainant did not accept, to put stent to his kidneys on the date of 17/06/2014. But the doctor S.V. Krishna Rao did not agree his request and threatened he did not agree his request and threatened him that he will be in danger, if the stent is not used and further contended that in these circumstances, the said doctor said to his wife that he is in life danger, there is an emergency to put stunt to the complainant's kidneys and the doctor made the pressure on him through his wife and without his consent and knowledge and without taking his signature on 17/06/2014 at mid night at 1.00 a.m. the said doctor put stent to the complainant kidneys and advised to stay for four weeks as in patient and the stent will be removed after four weeks and that after stent put to kidneys in the early hours of the complainant have suffered with pain and vomiting while he was on the bed, then his wife out of fear called the doctor through phone, but in vain. So it is clear that the Sanghamitra Hospital, Ongole did not care of health and did not attend properly to give treatment to the complainant. The complainant visited number of hospitals time and again and subsequently the complainant approached the NIMs hospital, Hyderabad on 04/04/2015, there the doctors Sri Bhushan Raju, Dr. G. Rajesh examined complainant and state that there is a problem in Kidneys of the complainant, due to the stent placed by the Sanghamitra Hospital. The puss is oozing outside from kidneys without break and the urine is not filtering properly, and there was no necessary to put stunt to him. Due to the unnecessarily stunt done by the said Sanghamitra Hospital, Ongole, the complainant has suffered very much from prolonged illness and some of the urine absorbed into his body and giving troubles to the body by swelling of the body, without the complainant's interest and consent, the doctor of Sanghamitra Hospital, Ongole put stent and it is done only for getting medi - claim amount of Rs.90,000/- and in addition to the said amount the complainant spent another amount of Rs.15,000/- to the medical expenditure at opposite party hospital due to unnecessarily putting stent and still he is suffering a lot and the Sanghamitra Hospital, Ongole is solely responsible for the stunt done to him unnecessarily, so there is clearly deficiency in rendering service to the complainant by the opposite party hospital and prayed this Commission to allow the complaint and grant compensation as prayed for.

3. The