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STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Sunita Yadav, President, Monika Malik, Member
Priyanka Nag – Appellant
Versus
Lakhnadon Christian Hospital – Respondent
| Table of Content |
|---|
| 1. allegation of medical negligence during childbirth. (Para 1 , 2 , 3 , 4 , 5) |
| 2. defense asserting medical necessity and lack of negligence. (Para 6 , 7 , 8 , 9) |
| 3. reconciliation of conflicting evidence and factual submissions. (Para 12 , 13 , 14 , 15 , 16) |
| 4. requirements for proving negligence in medical care. (Para 17 , 18) |
| 5. application of legal standards and precedents regarding clinical negligence. (Para 19 , 20) |
| 6. final adjudication and dismissal of the claim. (Para 22 , 23) |
O R D E R
( 04.06.2026 )
The following order of the Bench was delivered by Dr. Monika Malik, Member.
This complaint under Section 17 of the Consumer Protection Act, 1986 (hereinafter referred to as 'Act'), is filed by the complainants alleging deficiency in service against the opposite parties in the treatment of complainant No.2/Master Om Nag.
2. Brief facts of the complaint are that the complainant No.1, during her pregnancy consulted opposite parties No. 3, 4 and 5. It is submitted that during her pregnancy she had taken medicines prescribed by the opposite parties and she followed all the precautions and underwent all the blood tests and ultra sonography, as directed. On 21.2.2010, the
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