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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Not Mentioned, J
Complainant – Appellant
Versus
State Commission – Respondent
| Table of Content |
|---|
| 1. appellant filed appeal under the consumer protection act. (Para 1 , 2) |
| 2. state commission found no medical negligence. (Para 3 , 8) |
| 3. concluded the appeal was dismissed. (Para 4 , 11) |
| 4. arguments on negligence and standard of care were discussed. (Para 6 , 9) |
| 5. established the necessity of proving negligence. (Para 10) |
1. The Appellant / Complainant has filed the instant Appeal under S.19 of the Consumer Protection Act, 1986 (in short "the Act"), against the Order dated 23.2.2018 passed by the State Consumer Disputes Redressal Commission, Bihar (for short the "State Commission") in Consumer Complaint No. 30 of 2014, wherein the State Commission, dismissed the Complaint.
2. On 28.4.2014 Mr. Ankit Pandey (since deceased for short the 'Patient') the son of Complainant visited Dr. K.M. Sahai (OP - 2) at Red Cross Bhawan Patna (OP - 1) with complaints of fever for the past 5-6 days. The patient underwent certain tests, including SGPT, as advised by the doctors. He followed the prescribed treatment but experienced worsening symptoms such as yellowness of eyes and vomiting. The patient approached Dr. Fzal Imam Ali (OP - 3), who prescribed medicines for jaundice without
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