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2019 Supreme(Online)(Mad) 14819

TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI
N. Rajasekar (Presiding Judicial Member), S. M. Murugesshan (Member)
Ramesh Babu S. v. Kanyakumari District Co-Operative Society Hospital Ltd.


Table of Content
1. medical negligence resulting in severe consequences. (Para 1 , 2)
2. arguments on the standard of care provided by doctors. (Para 3 , 4 , 5 , 6)
3. court's observation on the application of res ipsa loquitur. (Para 10 , 11 , 12 , 15 , 17)
4. finding of negligence and responsibility of medical staff. (Para 18 , 19 , 20 , 23)
5. directives for compensation awarded to complainants. (Para 34)

1. This complaint has been filed by the complainants under S.17(1)(a) of the Consumer Protection Act, 1986 praying this Commission to direct the opposite parties 1 to 3 jointly and severally to pay a sum of Rs. 3,00,000 being the medical expenses incurred by the complainant, Rs. 5,00,000 as compensation for deficiency in service and medical negligence committed by the opposite parties during the performance of Caesarian delivery, Rs. 10,00,000 as compensation for mental agony, pain and suffering caused due to the deficiency in service of the opposite parties and Rs. 25,000 as costs of the complaint.

1. The gist of the complaint allegations is as follows”The 1st complainant consulted the 2nd opposite party regularly for the pregnancy of his wife Mrs. Shoba for delivery of their first

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