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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
AVM J. RAJENDRA, MEMBER, MR. SUBHASH CHANDRA, PRESIDING MEMBER
M/s LINEAGE HEALTHCARE LIMITED – Appellant
Versus
SANJAY GOYAL – Respondent
| Table of Content |
|---|
| 1. negligence in medical treatment leading to death. (Para 1 , 3) |
| 2. defenses against negligence claims in healthcare. (Para 4 , 6 , 7 , 8 , 9) |
| 3. duties and standards expected from medical professionals. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 19) |
| 4. basis for assessing medical negligence and compensatory damages. (Para 18 , 20 , 21 , 22) |
| 5. final decision and dismissal of appeal. (Para 23 , 24 , 25) |
JUDGMENT
AVM J. RAJENDRA, AVSM VSM (Retd.), MEMBER
1. The Appellant filed the instant Appeal under Section 19 of the Consumer Protection Act, 1986 (the Act”), against the Order dated 05.04.2016 passed by the State Consumer Disputes Redressal Commission, Lucknow (“State Commission”) in CC No. 18/2015, wherein the State Commission allowed the Complaint.
2. For convenience, the parties in the present matter are being referred to as per position held in the Consumer Complaint.
3. Brief facts of the case, as per the complainant, are that the OP Cocoon Hospital engaged in healthcare business committed gross negligence in the treatment of the spouse of the complainant - Mrs. Pooja Goyal, aged 28 years, resulting in her untimely death. Mrs. Goyal was under the continuous care a
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