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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
SUDIP AHLUWALIA, MEMBER, DR. SADHNA SHANKER, MEMBER
BARUN PRASAD CHOUDHARY – Appellant
Versus
TATA MEMORIAL HOSPITAL & ORS. – Respondent
| Table of Content |
|---|
| 1. court's authority in reassessing lower court findings. (Para 1 , 7 , 9) |
| 2. patient's treatment history and blood transfusion discrepancies. (Para 3 , 4) |
| 3. claims of negligence surrounding blood transfusions. (Para 5 , 6) |
| 4. assessment of negligence standards in medical practice. (Para 10 , 12 , 15 , 18) |
| 5. final findings and judgement conclusion. (Para 19 , 20) |
ORDER
JUSTICE SUDIP AHLUWALIA, MEMBER
These Cross Appeals have been filed against the impugned Order dated 27.10.2016 in Complaint No. 147/2005, passed by the State Consumer Disputes Redressal Commission, Maharashtra vide which the Complaint was allowed.
2. The facts and question of law involved in these Appeals arise from a single impugned Order involving the same parties and Complaint, therefore these Appeals are being disposed off by this common Order. For the sake of convenience, FA/366/2017 is treated as the lead case, and the facts and nomenclature of the parties enumerated therein are followed.
3. The factual background, in brief, is that the wife of the Complainant, Late Madhuwala Choudhary, was admitted for treatment at Tata Memorial Hospital/Appellant No. 1/Opposite Party No. 1 on 07.04.2005 as a private
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