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2019 Supreme(SC) 1371

UDAY UMESH LALIT, INDU MALHOTRA
Maharaja Agrasen Hospital – Appellant
Versus
Master Rishabh Sharma – Respondent


Advocates Appeared:
For the Appellant(s) :Gaurav Goel, Gautam Narayan, Sameer Shrivastava, Manisha Ambwani, Advocates
For the Respondent(s):Sameer Shrivastava, Neeraj Kumar Gupta, Advocates

JUDGMENT :

INDU MALHOTRA, J.

1. The present Civil Appeals arise out of a complaint of medical negligence made by Respondent Nos. 1 to 3 – the Complainants against the Appellant No.1 – Hospital and Appellant Nos. 2 to 4 – the Paediatricians and Ophthalmologist Doctors working with the Appellant No.1-Hospital, and Respondent No.4- the Gynaecologist, before the National Consumer Disputes Redressal Commission (hereinafter referred to as the “National Commission”).

2. The National Commission vide Judgment and Order dated 10.05.2016 (“impugned Judgment”) allowed the consumer complaint, and held the Appellant No.1 – Hospital, and Appellant Nos. 2 to 4 – Doctors guilty of medical negligence, since they failed to carry out the mandatory check up of Retinopathy of Prematurity (“ROP”) on Respondent No.1-Master Rishabh, who was a pre-term baby, which led to his total blindness. In so far as Respondent No.4- Dr. Rama Sharma, the Gynaecologist is concerned, who had delivered the baby, she was exonerated by the National Commission, and has not been pressed before this Court.

3. Aggrieved by the i


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