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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM
S. S. Satheesachandran, J, Ranjit R. (Member)
Shajahan v. Suganthi David
| Table of Content |
|---|
| 1. factual background of the complaint under consumer protection relating to a medical procedure. (Para 1 , 2) |
| 2. arguments on the legality and validity of the complaint based on service charges. (Para 4 , 5) |
| 3. court's observations on negligence and the implications of timing in medical procedures. (Para 7 , 12 , 13) |
| 4. legal framework surrounding the determination of complaints within the consumer protection act. (Para 8 , 10 , 11) |
1. The above complaint has been filed under S.17 of the Consumer Protection Act, for short the Act.
2. Complainant sustained fracture on his left arm in a motor accident during 1996 and underwent Open Reduction Implant Fixation (ORIF) at the Medical College Hospital, Thiruvananthapuram. Thereafter he went abroad and was working as a mechanic in Dubai. Whileso pain developing to his left arm, he visited the 1st opposite party doctor working as Professor of Orthopaedic in Medical College Hospital. She advised for removal of the implant and the operation was conducted on 18.4.2009. The implant could not be removed as its screw heads were broken. According to complainant the 1st opposite party carried out the operation for removal of the implant
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