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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
R.K. Agrawal, PRESIDENT, S.M. Kantikar, MEMBER
T. Balakrishnan & Ors. – Appellant
Versus
S. P. Fort Hospital & Ors. – Respondent
| Table of Content |
|---|
| 1. the case involves allegations of medical negligence leading to a patient's death. (Para 3 , 21) |
| 2. claims regarding improper anesthesia evaluation and breaches of duty of care. (Para 10 , 11 , 12) |
| 3. the court determined that negligent actions of the medical staff resulted in a significant loss. (Para 29 , 30) |
ORDER
Pronounced on: 25th May 2022
DR. S. M. KANTIKAR, MEMBER
1. The present First Appeal is filed under Section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) against the impugned Order dated 20.03.2010 passed by the Kerala State Consumer Disputes Redressal Commission (hereinafter referred to as the “State Commission”) in Original Petition No. 05/2005 whereby the Complaint was dismissed.
2. For the convenience, the Parties would be referred to the positions they held in the Original Petition No. 05/2005. Appellants would be referred as Complainants and the Respondents would be referred as Opposite Parties.
3. The brief facts of the case are that Sudha Kumari (since deceased, hereinafter referred to as the “patient”), wife of T. Balakrishnan – Complainant No. 1 during her pregnancy in 2004, consulted Dr. Santhamma Mathew (hereinaft
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