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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Ashok Bhan, J
Nirmala – Appellant
Versus
Apollo Hospital Enterprises Ltd. – Respondent
| Table of Content |
|---|
| 1. circumstances leading to hospitalization and patient history. (Para 1 , 2) |
| 2. controversy over diagnosis of necrosis versus tumor. (Para 3 , 4) |
| 3. arguments from both parties regarding negligence. (Para 5 , 6 , 7) |
| 4. court’s observations on the medical board's findings. (Para 10 , 11 , 13) |
| 5. legal principles of negligence and duty of care. (Para 14 , 15) |
| 6. final dismissal of the complaint as negligence was not established. (Para 17) |
1. The facts:
On 28.4.2012, the Complainant Nirmala's husband K. T. Prasad about 39 years (since deceased, for short the ˜patient'), for his upper abdominal pain, was admitted in M/s Apollo Hospital Enterprises Ltd. at Chennai (for short, ˜OP - 1 / Apollo Hospital'). The Gastroenterologist, Dr. Ubal Dhus, (OP - 2) examined the patient, CT scan abdomen and the routine investigations were done. The Radiologist, OP - 3 reported CT scan as pancreas appears swollen with suboptimal parenchymal enhancement particularly in the body and the tail and small area of necrosis infection at neck of pancreas etc. CT findings were suggestive of acute pancreatitis with diffuse fatty infiltration of liver. It was alleged that the radiologic findings of necr
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