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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V. K. Jain, J
Smt. Reena Bansal – Appellant
Versus
Sir Ganga Ram Hospital & Dr. S. S. Saha – Respondent
| Table of Content |
|---|
| 1. complaint filed for alleged medical negligence. (Para 1 , 2) |
| 2. arguments presented by both complainant and respondents. (Para 3 , 4) |
| 3. court's evaluation of surgical standard of care. (Para 5) |
| 4. discussion on professional liability and negligence. (Para 6) |
| 5. final decision on complaint dismissal. (Para 8) |
1. The present Complaint has been filed under S.21 of the Consumer Protection Act, 1986 by Smt. Reena Bansal through her husband Ankur Goel (hereinafter referred to as the'Complainant') against the Sir Ganga Ram Hospital (OP - 2) & Dr. S. S. Saha - Sr. Consultant (Dept. of Plastic Surgery) - (OP - 2) for the alleged medical negligence caused to the Complainant which rendered her permanently disabled, bed ridden and in a vegetative state.
2. The Complaint:
2.1 On 2.5.2007, the Complainant, Reena Mittal (hereinafter referred to as the 'Patient'), was admitted under Dr. S.S. Saha (OP - 2) at Sir Ganga Ram Hospital (OP - 1 - SGRH) for "Amelo Blastoma Right Ascending Ramus of Mandible surgery". It was alleged that the surgery was delayed by two days without any reason, and eventually it was performed on 5.5.2007. The surgery started and continued until 0041 hrs on 6.5
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