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2016 Supreme(Online)(NCDRC) 25

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
PREM NARAIN, P
KARAN KAUSHIK – Appellant
Versus
DR. S.C. PANDHI & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anil Bhardwaj, Adv.
For the Respondents: Mr. V.K.Sachdeva, Adv., Mr. Mohan Babu Agarwal, Adv.

Table of Content
1. informed consent and treatment requirements. (Para 2 , 4 , 6)
2. consequences of treatment received post-surgery. (Para 19 , 20 , 21)
3. standards for establishing medical negligence. (Para 24 , 25 , 26)
4. final court decision overturning lower findings. (Para 47 , 48)

ORDER

Complainant—Karan Kaushik has filed Consumer Complaint No.03of 2009 before State Consumer Disputes Redressal Commission, UT, Chandigarh (for short, ‘State Commission) against Dr. S.C. Pandhi and Pandhi Hospital— Appellants No.1 and 2 in (F.A.No. 309 of 2011)/Opposite Parties No.1&2 (O.P. Nos.1 & 2) and M/s. Oriental Insurance Company Limited—Appellant in (F.A. No.412 of 2011)/ Opposite Party No.3( O.P. No.3) before State Commission.

2. Case of Complainant is, that on 04.02.2008 he approached O.P. No.1 in his hospital (O.P. No.2) for treatment of ‘Bilateral Max Sinusitis’ and told him, that he needed that treatment as he had applied for conversion of his license of Commercial Pilot issued by the United States of America to that of Indian Licence but was declared temporarily unfit Class-I medical assessment on initial issue of CPL for eight weeks on account of Bilateral Max Sinusitis and he was advi

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