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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
*Dr. S. M. Kantikar (Presiding Member), Binoy Kumar (Member)
Sh. Rama Shankar Jaiswal – Appellant
Versus
Dr. Samar Sen Gupta & Dr. Prosenjit Mondal – Respondent
| Table of Content |
|---|
| 1. discussion of the case facts surrounding alleged medical negligence. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties regarding negligence and compensation. (Para 7 , 8 , 9) |
| 3. details of the medical procedures performed during treatment. (Para 10 , 11 , 12) |
| 4. court's findings on medical negligence and conclusion regarding compensation. (Para 13 , 14) |
1. This order shall decide both the Revision Petitions arising from the impugned order dated 24.04.2017 passed by the State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as the ˜State Commission') in Appeal No. A / 559/2015. One Revision Petition No. 2230/2017 is filed by Dr. Samar Sen Gupta (OP - 2) & Dr. Prosenjit Mondal (OP - 3), whereas the Complainant - Sh. Rama Shankar Jaiswal filed the R.P. No. 2095/2017.
2. The issue involved is post - cataract alleged negligence caused loss of vision in the right eye of the Complainant.
3. The District Forum allowed the Complaint with following observations:
Due to gross negligence committed by the OPs, the complainant lost vision of his right eye and for which the OP No - 1 is to compensate the complainant by way of compensation. The
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