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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM
S.S. Satheesa Chandran (President), T. S. P. Moosath (Judicial Member), Ranjit R. (Member)
Opposite parties – Appellant
Versus
complainant – Respondent
| Table of Content |
|---|
| 1. background and medical context of patient’s treatment. (Para 1 , 2 , 3) |
| 2. overview of court's process and evidence review. (Para 4 , 5) |
| 3. details of the surgical procedure and post-operative negligence. (Para 8 , 9 , 10) |
| 4. legal standards and definitions of negligence referenced. (Para 11 , 12 , 13) |
| 5. court's findings on negligence and modification of compensation awarded. (Para 14 , 15) |
1. Opposite parties in C.C. No. 306/2008 of Consumer Disputes Redressal Forum, Ernakulam, in short the District Forum, has filed this appeal against the Order passed by the Forum by which they were directed to pay Rs. 7,38,859.69 to the respondent / complainant.
2. The averments contained in the complaint are, in brief, as follows: Complainant is employed as High Court Assistant in the Hon'ble High Court of Kerala. Marriage of the complainant was on 26.10.1996. Her husband is employed abroad. The complainant delivered their first child on 25.11.2004 at the Ahmed Medical Corporation Hospital, Doha, Qatar. The delivery was a normal one. Lured by the propaganda of the opposite parties providing assistance for consummation and efficient pre - natal services, painless delivery and other
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