The burden of proof for medical negligence lies with the complainant, who must provide substantial evidence; mere allegations are not sufficient.

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 proper authorization. Consequently, on 30.4.2014 the patient was transferred to Patna Medical College Hospital (PMCH - OP4), but treatment there proved unsatisfactory. Subsequently, the patient was taken to Ruban Emergency Hospital, Patna (OP - 5). As the patient's condition further deteriorated, on 6.5.2014 he was admitted in ILBS, New Delhi under Dr. S. K. Sarin (OP - 6). Unfortunately, during treatment, the patient expired on 12.5.2014 due to liver failure and acute renal failure (ARF). Being aggrieved, due to medical negligence the Complainant filed a consumer complaint No. 30/2014 before the State Commission seeking compensation of Rs.45 lakh, along with interest @ 12% per annum.

3. The State Commission based on the averments dismissed the Complaint of the Complainant with the following observation:
"....3. Respective evidence on affidavit, written notes of arguments have been filed. The Complainant has filed Medical Board report dated 9.5.2016 which is on the record. It is admitted fact that the patient Ankit Pandey was under treatment of O.P. - Red Cross Bhawan Doctor, Near Gandhi Maidan for 5-6 days. The Patient has jaundice problem. When there was no improvement, then he was brought to O.P. - 3 Doctor but the condition of the patient was not better. He was under treatment of O.P. - P.M.C.H. Doctor on 30.4.2014. However, the condition was not improved. He was under treatment of O.P. - Ruban Emergency Hospital Patna on 30.4.2014. Lastly, the patient moved to 0.P. - 6 Dr. S.K. Sarin Basant Kunj New Delhi on 6.5.2014. During treatment of the patient, he died on 12.5.2014 due to Liver and renal failure. The Medical Board report has been filed by the complainant which is in P / 81 to P / 84 of the record. The Medical Board has observed that there was no wilful medical negligence with bad intention in the treatment of O.P. - l to 6 - Doctors. Medical Board report dated 9.5-2016 has been filed by the complainant as an evidence annexure - 10. However, Medical Board report has been challenged before the Hon'ble High Court Patna. CWJC No. 12634 of 2016 was withdrawn by the Petitioner - complainant vide order dated 7.9.2016 in CWJC No. - 12634/2016. At that situation under S.13(4)(IV) of the Consumer Protection Act, 1986 , the allegations levelled against the O.P. - 1 to 6 Doctors are not proved. The complainant has failed to substantiate the allegations. Experts report proves that there was no negligence and deficiency in service on the part of the O.P. - l to 6 Doctors in treatment of the patient Ankit Pandey. We have great sympathy with the complainant as his son was an engineering student and died, under treatment of doctors."

4. Being aggrieved by the impugned Order of the State Commission, the Complainant filed the instant Appeal.

5. Heard the learn