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II (2017) CPJ 177 (NC) POST GRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH & ORS. V/S MAMTA RANI @ BABLI & ORS. esa ekuuh;

jk"Vªh; vk;ksx us fuEu fu/kkZfjr fd;k gS %& Consumer Protection Act, 1986- Sections 2(1)(g), 14(1)(d), 21(a)(ii) - Medical Negligence - Wrong diagnosis - Failure to get biopsy done - Tumour spread above the knee due to delay in proper and required clinical diagnosis - Amputation done - 100% disability Deficiency in service - State Commission allowed complaint - Hence appeal - Sample taken during the excision was not sent for biopsy/histological examination - Complainant stated that his problem went on increasing day by day and he had swelling, unbearable pain, inflammation and bleeding that was out of control -Ops could have carried out a deeper probe in the matter to go into root cause of problem, rather than treating it as routine manner - Patient was later diagnosed as a case of cancer that was at advanced stage - Duty to exercise due care was not performed and that resulted in consequential damage to patient - Compensation @ Rs. 10 lakh awarded - Hospital vicariously liable - Directions issued.