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2026 Supreme(Online)(NCDRC) 186

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Inderjit Singh, President, Sudhir Kumar Jain, Member
Akthar Khan – Appellant
Versus
Goyal’s Medical Centre – Respondent


Advocates:
For the Appellants/Petitioners:Mr. T.P.S. Kang, Advocate, Md. Zunaid, Advocate
For the Respondents:Mr. Sunil Kumar Jha, Advocate, Mr. Sarjan Kr. Sinha, Advocate, Mr. Yuvraj Singh, Advocate (VC), Mr. Amrendra Kumar Choubey, Advocate (VC)

Table of Content
1. medical negligence due to inadequate care (Para 1)
2. opposite parties' denial of negligence (Para 2)
3. court's analysis on medical standards (Para 6 , 9 , 10 , 11)
4. standard of care in medical negligence (Para 8)
5. dismissal of complaint due to lack of evidence (Para 12)

JUDGMENT

DR.SUDHIR KUMAR JAIN, J

1. Briefly stated the relevant facts are that Shameena (hereinafter referred to asthe 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 pa

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