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2023 Supreme(Online)(Del) 18243

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
S. M. Kantikar, J
Parikshit Dalal – Appellant
Versus
Santosh Hospital – Respondent


1. Deaths due to anaphylactic shock are uncommon and it is a diagnosis based on findings which may not always be present and as such poses challenges for the forensic pathologist or an expert in reaching certainty with regard to the cause of death. A holistic view that all findings need to be considered in the approach to reach a definitive cause of death.
1a. The present Complaint has been filed under S.21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act, 1986") by Parikshit Dalal & others (hereinafter to be referred as the 'Complainants') against Santosh Hospital & its 5 doctors (hereinafter to be referred as the 'Opposite Parties') seeking compensation amounting to Rs.24,91,30,000 for causing death of wife and unborn child of the Complainant No. 1.

2. Facts of the Complaint:
2.1 The Complainant No. 1 - Parikshit Dalal and his wife Mrs. Kapali Patne (since deceased, hereinafter referred to as the 'patient"), on 13.4.2010, consulted Dr. Indira Rao (OP - 2), the Sr. Gynecologist at Santosh Hospital (OP - 1) during her first pregnancy. The OP - 2, after examination, informed that the baby was large and advised the couple for Caesarean Section (LSCS) delivery. Accordingl

























































































































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