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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.C. Sinha, J
Smt. Kanchan Singh – Appellant
Versus
Maa Sharda Hospital & Dr. R.K. Agrawal – Respondent
| Table of Content |
|---|
| 1. fact of the complaint and medical treatment details. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding negligence claims. (Para 5 , 6) |
| 3. court's analysis of medical board reports and evidence. (Para 7 , 8 , 9 , 10) |
| 4. legal principles on medical negligence and standard of care. (Para 11 , 12) |
| 5. final ruling dismissing the complaint. (Para 13) |
1. This Complaint has been filed under S.21(A)(i) of the Consumer Protection Act, 1986 (for short "the Act") by Smt. Kanchan Singh (hereinafter to be referred as the 'Complainant' or 'Patient') against Maa Sharda Hospital (hereinafter to be referred as the 'Opposite Party No. 1') & Dr. R.K. Agrawal (M.S.) (hereinafter to be referred as the 'Opposite Party No. 2') claiming compensation of Rs.2 Crores along with 9% interest for the alleged medical negligence.
2. The Complainant Smt. Kanchan Singh - patient during her pregnancy was under observation of Dr. Rekha Singh. On 4.9.2014, Dr. Rekha Singh examined her and called for delivery after 4-5 days. The patient went to Dr. Rekha Singh on 8.9.2014, but she was not available, therefore, on the same day, the patient with her husband approached Dr. R. K. Agrawal (Opposite Party No. 2) and
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