Medical negligence requires evidence of a breach of duty by the medical professional, which was not established in this case.

1. Brief facts of the case as per the pleadings of the parties are that the husband of the Complainant, Mr. Rajvinder Singh (hereinafter referred to as "Patient"), was being treated for Jaundice and Stone at Keshlata Hospital, Stadium Road, Delapeer, Bareilly from 30.4.2011 to 8.5.2011 and was later shifted to Indraprastha Apollo Hospital, i.e. Opposite Party No. 1 (hereinafter referred to as "Hospital") on 10.5.2011.

2. On examination by the Opposite Party No. 2, the Complainant was advised that the Patient needs to undergo surgery and was operated on 12.5.2011. After the surgery, the Patient was kept under observation till 21.6.2011 and was finally discharged on 21.6.2021. The Complainant was charged a total sum of Rs.21,25,858.92 for the surgery as well as for the post - operation stay in the Hospital.

3. However, after the discharge from the Hospital, the condition of the patient deteriorated and the Opposite Party No. 2 was communicated telephonically, who advised that the Patient should be brought to the Hospital for check - up. In furtherance of the same, the patient was again admitted on 2.7.2011 and remained admitted in hospital for 20 days, for which, the Complainant was charged a total amount of Rs.2,50,000.

4. The Complainant was running out of funds, when she was informed that the Hospital has certain number of beds reserved for Economically Weaker Section. Having obtained a letter from the Minister of Health & Family Welfare, GNCTD, the Patient was allowed to be admitted in EWS ward on 5.8.2011.

5. Allegedly, while the doctors used to check - up on the Patient on a daily basis in the General Ward, the same was not the case for the EWS Ward, as the doctors' visits for check - up on the Patient only after a gap of three days. The Patient was finally discharged on 25.8.2011, despite the fact that his condition was not normal. Moreover, no operation of the Discharge Bag was done by the Doctors before discharging the Patient.

6. After being discharged from the Hospital, the condition of the Patient deteriorated and the Complainant approached the Opposite Party No. 2, who allegedly refused to admit the Patient and recommended medication at home. However, despite the same, pus started accumulating near the Discharge Bag, after which, the Complainant again approached the Opposite Party No. 2 to admit the Patient in the Hospital, who again refused to do the same.

7. After about seven days, the pus spread inside the body of the Patient, and the Patient had to be brought in Emergency Ward on 13.11.2011 at around 8.00 p.m. After much persuasions, the Patient was admitted to the Surgical ICU, however, by that time the condition of the patient had become critical, leading to his demise on 15.11.2021.

8. The Opposite Party No. 2 was requested by the Complainant to conduct the post - mortem of the Patient, which request was declined by the Opposite Party No. 2.

9. Alleging that the death of the Patient took place due to the failure of the Opposite Parties to provide proper treatment in the EWS Ward and the utter negligence shown towards the treatment of the Patient, the Complainant got served a legal notice dated 22.8.2012 upon the Opposite Parties. However, the said legal notice was never replied by the Opposite Parties.

10. The present complaint has been filed by the Complainant alleging Deficiency of Services of the Opposite Parties, which led to the death of the Husband of the Complainant, who was the only earning member of the family, also leading to mental agony and pain to the Complainant and her minor children, whereby, the f