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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. RAM SURAT RAM MAURYA, PRESIDING MEMBER, BHARATKUMAR PANDYA, MEMBER
PREMDATT CHOPRA – Appellant
Versus
FORTIS FLT. LT. RAJAN DHALL HOSPITAL & 8 ORS. – Respondent
| Table of Content |
|---|
| 1. elements of negligence and burden of proof (Para 2 , 3) |
| 2. defense and written replies from opposite parties (Para 4 , 5 , 6) |
| 3. allegations and medical history evaluation (Para 9 , 10) |
| 4. medical standards and doctor liability (Para 11 , 12 , 13) |
| 5. final ruling on negligence and complaint dismissal (Para 20) |
ORDER
1. Heard Mr. Gaurav Gupta, Advocate, for the complainant, Mr. Sanjeev Puri, Sr. Advocate, assisted by Mr. Aditya Awasthi, Advocate, for opposite parties-1, 3, 4 & 6, Mr. Manoj Kumar Sahu, Advocate, for opposite party-2 and Mr. Manu Prabhakar, Advocate, for opposite party-5.
2. Premdatt Chopra has filed above complaint for directing the opposite parties jointly and severally to pay (i) Rs.28117444/- with interest @18% per annum, as compensation; (ii) Rs.125000/- as litigation costs; and (iii) any other relief which is deemed fit and proper in the facts of the case.
3. The complainant stated as follows:-
(a) Mrs. Ish Chopra (the patient), aged 74 years, was the wife of the complainant. The patient suffered from cough and cold in April, 2014 and approached to Fortis FLT. LT. Rajan Dhall Hospital (OP-1). The patient was directed to consult with Dr. Hemant Tiwari (
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