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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. SUBHASH CHANDRA, PRESIDING MEMBER
FORTIS HEALTH CARE (INDIA) LTD. (PRESENTLY FORTIS HEALTH CARE LTD.) – Appellant
Versus
BHAGCHAND MEENAS/O. SHRI NARAIN SAHIA MEENA – Respondent
| Table of Content |
|---|
| 1. appeal under consumer protection act. (Para 1 , 2) |
| 2. factual background of patient’s condition and treatment history. (Para 3) |
| 3. arguments regarding adequacy of treatment. (Para 4 , 5 , 10) |
| 4. reference to medical literature on aad management. (Para 6) |
| 5. defense against negligence claims. (Para 7 , 12 , 19) |
| 6. state commission’s findings on negligence. (Para 8 , 9) |
| 7. counterarguments on pre-operative requirements and procedures. (Para 11 , 13 , 14 , 16) |
| 8. post-operative conditions and hospital transfer. (Para 15 , 17) |
| 9. legal standards of proving medical negligence. (Para 20 , 21) |
| 10. doctrine of res ipsa loquitur in medical cases. (Para 22 , 23) |
| 11. court’s duties and responsibilities in negligence cases. (Para 24 , 25 , 26) |
| 12. conclusion regarding negligence established. (Para 27 , 28) |
| 13. final decision and liability findings. (Para 29 , 30) |
ORDER
BEFORE:
HON’BLE MR. SUBHASH CHANDRA, PRESIDING MEMBER
ORDER
1. This First Appeal under Section 19 of the Consumer Protection Act, 1986 (in short, ‘the Act’) challenges the order dated 16.02.2018 in complaint no. CC/26 of 2012 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ‘the State Commiss
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