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2022 Supreme(Online)(Del) 7274

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Judge, J
Opposite Party – Appellant
Versus
Rachna Agrawal – Respondent


1. Appeared at the time of arguments through Video Conferencing.
1. The instant Appeal is preferred by the Opposite Party under S.19 of the Consumer Protection Act 1986 against the impugned Order dated 28.10.2015, passed by the Chhattisgarh State Consumer Disputes Redressal Commission, Pandri, Raipur (hereinafter referred to as the ‘State Commission’), whereby the State Commission held the Opposite Party liable for medical negligence and partly allowed the Complaint.
Brief Facts:

2. The Complainant, Rachna Agrawal (hereinafter referred to as the patient), during her pregnancy, since 28.9.2012 was under Antenatal care of Dr. Vartika Mishra (hereinafter referred to as the ‘Opposite Party’). It was alleged that on 23.5.2013, the Opposite Party conducted her forceps delivery, which resulted in to 4 th degree tear in the perineum (the area between vaginal canal and anus). It was further alleged that the Opposite Party stitched the skin only, without muscle repairs, therefore the patient lost her control over passing the urine and stool. The Opposite Party did not treat the complications properly. Thereafter, the Complainant consulted Dr. Lalit Nihal at Raipur, who performed Sigmo











































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