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2020 Supreme(Online)(NCDRC) 725

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
DR. S.M. KANTIKAR, PRESIDING MEMBER, MR. DINESH SINGH, MEMBER
MRS. ANUJA CHAUDHARY – Appellant
Versus
SHIVAM HOSPITAL & RESEARCH INSTITUTE & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sanjay Kumar
For the Respondents:Mr. Anup Banerjee, Advocate

Table of Content
1. patient's prenatal care and delivery process. (Para 1 , 2)
2. details of complications during childbirth. (Para 3 , 4 , 5 , 6)
3. claims of negligence by medical personnel. (Para 7 , 8)
4. opposite parties' defense regarding the medical procedures performed. (Para 9 , 10)
5. legal arguments presented by both sides during the hearing. (Para 11 , 12)
6. details of court's findings on medical standards. (Para 13 , 20)
7. court's observations on the evidence and issues raised. (Para 14 , 15)
8. legal standards for negligence and doctors' duties. (Para 16 , 24)
9. court's ruling on medical negligence and the outcome of the case. (Para 19 , 21 , 22 , 28)
10. final decision and dismissal of the complaint. (Para 29)

PER DR. S.M. KANTIKAR, PRESIDING MEMBER

Emergency obstetric hysterectomy (EOH) remains an essential weapon in any Obstetrician’s armoury and it is most vital to decide the perfect time to use this weapon. EOH is generally performed as a lifesaving procedure in cases of postpartum haemorrhage, rupture uterus, morbid adhesions of placenta and uterine sepsis. On one hand, it is used as a last resort to save the lives of mothers and on the other hand women’s reproductive c


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