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2022 Supreme(Online)(Del) 7389

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
S. M. Kantikar, MEMBER, Binoy Kumar, MEMBER
G. Radha – Appellant
Versus
Chaitanya Hospital – Respondent
Revision Petition | S.21(b) | Consumer Protection Act, 1986



The revisional jurisdiction under the Consumer Protection Act is limited and does not allow interference in concurrent findings of facts unless clear jurisdictional errors are demonstrated.

Headnote:The Consumer Protection Act, 1986 governs the present Revision Petition filed under S.21(b) challenging the dismissal of First Appeal No. 84/2015. The facts reveal allegations of medical negligence involving a hysterectomy procedure performed without informed consent. The court found no medical negligence, citing expert opinions and concurrent findings. The issues framed involved whether negligence caused the harm, with the court affirming that the hospital and physician acted appropriately according to the circumstances. Thus, the court concluded that the Revision Petition lacked merit and was dismissed.

Table of Content
1. initiation of the revision petition. (Para 1)
2. overview of the medical procedure and patient complaint. (Para 2 , 3)
3. court's observations on medical negligence and treatment. (Para 4)
4. parameters for exercising revisional jurisdiction. (Para 7)
5. final dismissal of the revision petition. (Para 8)

1. The present Revision Petition has been filed by the Petitioner / Complainant under S.21(b) of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) against the impugned Order dated 23.3.2021, passed by the Telangana State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission) in First Appeal No. 84/2015 filed by the Complainant was dismissed.

2. The facts in brief are that the Complainant, a house wife, Ms. G. Radha, about 47 years of age, underwent hysterectomy operation at Chaitanya Hospital (hereinafter referred to as the ˜OP - 2'). It was performed by Dr. Janaki (hereinafter referred to as the ˜OP - 1') on 30.6.2009. It was alleged that the OP - 1 performed hysterectomy operation without informed consent. The consent was pre - printed and it amounts to unfair trade practice as held in the judgment of this Commission in C.C.428/2018, Vinod Khanna v. R.G. Stone Urology, decided on 6.7.2020. In the midnight of the operated day, the patient was suddenly taken to Gandhi Hospital without explaining the condition of the patient. Thus, it was a case of res ipsa loquitur. The Complainant further alleged that the expert opinion was also not as per standard guidelines of the Hon'ble Supreme Court. Being aggrieved, she filed a complaint before the District Forum, Ranga Reddy.

3. The District Forum, on hearing the parties and considering the averments, dismissed the Complaint.

4. Being aggrieved, the Complainant filed First Appeal before the State Commission, which was dismissed with the following observations:
(19) We have carefully perused the impugned order and the entire material on record including the opinion given by Dr. Prabhavathi from where the opinion was sought by the District Forum before registering the complaint as was a mandate at the relevant point of time. The independent medical officer has examined the entire record and submitted her report stating that there was no medical negligence.
(20) The patient was operated for fibroid uterus trans abdominal hysterectomy at Opposite Party No. 2 hospital following which she developed right side chest pain and shortness of breath. She was immediately shifted to Gandhi Hospital. A perusal of the records submitted from Gandhi Hospital reveals that all necessary investigations were advised and the suspicion that she was suffering from pulmonary embolism or any other catastrophic event needed to be confirmed. In Ex.B1 - Doctor's notes, Page 10, 11, 13, 21 have the same urgent physician opinion requirement as there was confusion regarding the patient's condition - post hysterectomy. The fact that the doctors at Gandhi Hospital suspected pulmonary embolism is not in doubt. The treatment consists of blood thinners or anti - coagulants to prevent new clots from forming. There is, however, no reference to state that the surgery conducted by Opposite party No. I - doctor was negligent or wrongly performed. Surgery is one of the major causes of Deep Vein Thrombosis (DVT). Clots happen when blood thickens and sticks together. Sometimes the clots can travel to the lungs and this is called P.E. and it can be life threatening it if blocks blood flow. Clot can form after any procedure particularly on the abdomen, pelvis or hips or legs. Obviously the opposite party No. 1 - doctor shifted her to Gandhi Hospital and early treatment was initiated. DVT is not always the result of negligence. A doctor can do everything right and a patient may still develop DVT. The critical issue is whether negligence actually caused the harm. This has not been established.
(21) The Opposite party No. 1 - doctor would only be liable if the pulmonary






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