Document Fragment View

Matching Fragments

          The observation of the Hon'ble NCDRC while delivering the judgement in the CC NO..104/2002 on 22.04.2015 in the matter of Indu Sharma vs. Indraprastha Apollo Hospital & Ors as indicated below is relevant for the disposal of this complaint filed by Shri Ritesh Kumar Garg & Ors (for short complainants) before this Commission under Section 17 of the Consumer Protection Act 1986 (the Act) against  the  Max Hospital, hereinafter referred to as OPs.

"The most important and emotional event in the life of a couple is the birth of a child and it is always a joyous occasion in the family when a newborn arrives. Most parents have a niggling fear that the nine months of pregnancy is comparable to walk through a minefield. Things can go wrong at any time. They only breathe a sigh of relief when they've counted all ten toes and fingers of their newborn. It's no wonder they feel that way because it can be the most devastating thing if your baby is born with a birth defect".

          The Hon'ble NCDRC in the matter of ILS Hospital & Anr vs. Bimal Kuamr Ghosh - II (2013) CPJ 594 (NC) - held as under:

"Non-exercise of reasonable caution in treatment amounts to negligence."

          The Hon'ble NCDRC in the matter of V. Srinath (Dr.) & Anr vs. Gaurav Lamba - III(2011) CPJ 481 (NC) - held as under

"Wrongful surgery causing permanent disability amounts to negligence."

          The Hon'ble NCDRC in the matter of Adwait Patil (Dr.) vs. Priya Shamrao Deshmukh - III (2016) CPJ 437 (NC) - held as under:-

"Delayed treatment leading to disability amounts to negligence. Compensation is liable to be paid."

          The Hon'ble NCDRC in the matter of dr. Anil Jain and Anr. Vs. Devender Kumar - IV(2012) CPJ 497 (NC) held as under:-

"If the surgery is not done on time, negligence stands established."

          Finally the Hon'ble NCDRC in the matter of Jaswinder Singh & Anr vs. Neeraj Sud & Anr. IV (2011) CPJ 236 (NC) "If during post operative complication have arisen due to lack of expertise, negligence stands established."

          Similarly in the matter of B.T. Sridhar vs. Vokkaligara Sandha - IV(2015) CPJ 215 (NC) - the Hon'ble NCDRC held as under:-

"Medical negligence leading to death, the NCDRC awarded the compensation of Rs.20 lakhs with 9% per annum."

          Keeping the principles as set out and detailed above, in our considered view, it would be just and reasonable to award compensation of Rs.20 lakhs to the complainant for the suffering, mental pain and agony caused. This may serve the purpose of bringing about a qualitative change in the attitude of the hospitals of providing service to the human beings as human beings. Human touch is necessary; that is their code of conduct; that is their duty and that is what is required to be implemented. Additionally an amount of Rs.5 lakhs are awarded for the incidental expenses incurred from the time of admission of the complainant no.2 at the time of delivery till the check up of complainant no.3 at Mumbai. Rs.5 lakhs is awarded as litigation cost.