To prove medical negligence, the claimant must show a breach of duty causing harm, supported by cogent evidence. The standard of care equates to the competency expected from an ordinary practitioner.

JUDGMENT

DR.SUDHIR KUMAR JAIN, J

1. Briefly stated the relevant facts are that Shameena (hereinafter referred to as ‘the deceased’) was the wife of the complainant and was already having three children. The deceased was admitted at Goyal Medical Centre/the opposite party no.l on 26.09.2015 for delivery of the. The deceased was given injection for causing labour pain which was started at about 8.00 pm. The deceased delivered a baby girl at around 9.10 pm. The complainant paid medical expenditure amounting to Rs. 25,000/- besides other incidental expenses. The complainant at about 9:30 P.M. was instructed to arrange blood from the opposite party no. 3 and for that purpose was also given blood sample of the deceased. The opposite party no. 3 again asked the complainant to bring fresh blood sample as the previous earlier sample was stated to have been mixed with another blood sample and the opposite party deliberately wrote wrong name and age of the deceased on requisition form which proved fatal for the deceased. The complainant came back to the opposite party no. 1 at about 11.30 pm for collection of blood sample and came to know that the opposite party no 1 already referred the deceased to another hospital due to reason that that the opposite party could not control case of the complainant. The deceased was referred and transferred to the opposite party no. 2. The deceased could not 5 survive despite being taken to emergency ward/ICU. The deceased was stated to be died due to damage to organs, anemia and negligence and wrong treatment on the part of the opposite party no 1. The opposite parties did not take reasonable care of the deceased and the deceased had died due to gross negligence on the part of the opposite parties. The complainant also sent a legal notice dated 06.01.2016/16.01.2016 to the opposite parties which was only replied by the opposite parties no.2 and 3. The complainant also filed a complaint dated 19.01.2016 to the Medical Council of India with intimation to Delhi Medical Council on 25.04.2016. The complainant being aggrieved filed present consumer complaint bearing C.C. no 896 of the 2017 titled as Akhtar Khan V Goyal’s Medical Centre and others under Section 21 and 22 of the Consumer Protection Act , 1986 (hereinafter referred to as ‘the Act’) before this Commission. The complainant has prayed as under:-

It is, therefore, prayed that the opposite parties be directed to pay compensation amounting to Rs. 1 Crore as compensation for the welfare and future of the New Born Baby Girl immediately and the cost of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) approx, towards Medical expenses incurred towards Complainant’s wife Treatment alongwith interest. The break-up is given below:

Compensatiuon from Goyal’s Medical Centre = Rs. 65,00,000/- (Rupees Sixty Five Lacs Only) and cost of Rs. 2,50,000/- (rupees Two Lakhs Fifty thousand Only) approx.

Compensation from Fortis fit. Ltd. Rajan Dhall Hospital = Rs.20,00,000/- (Rupees Twenty Lacs Only)

Compensation from Rotary Blood Bank = Rs. 15,00,000/- (Rupees Fifteen Lacs Only)

Strict Action be taken against the opposite Parties

The Cost of Litigation also be awarded in favour of the NMLKJIHGFEDCBA Complainant, in the interest of justice. Any other relief to which this Hon’ble Forum deem fit in the NMLKJIHGFEDCBA facts and circumstances of the present case may also be awarded.

1.1 The complainant was permitted to file additional affidavits vide order dated 19.04.2017 and 21.09.2017 passed by this Commission. The complainant in additional affidavit filed on 03.05.2017 stated that the opposite party no 1 deliberately and with mala fide intention wrote wrong name and age of the deceased