LAWS(NCD)-2020-2-13

RAMESHWAR LAL SHARMA Vs. KOTHARI HOSPITAL

Decided On February 28, 2020
RAMESHWAR LAL SHARMA Appellant
V/S
Kothari Hospital Respondents

JUDGEMENT

(1.) Revision Petition has been filed by the Petitioner under Section 21 (b) of the Consumer Protection Act, 1986 against the order passed by the State Consumer Disputes Redressal Commission, Rajasthan (hereinafter referred to as "the State Commission") in First Appeal No.14/2018 dated 03.04.2019.

(2.) Case of the Petitioner is that the Petitioner/Complainant's wife was admitted in the Respondent Hospital on 12.12.2010 as her great toe and 2nd and 3rd toes of the right foot were infected with gangrene. The Complainant states that the portion between the knee and heel of her right foot was in normal condition and not infected with gangrene. The great toe and the 2nd and 3rd toe were amputated and she was administered antibiotics. Later, as gangrene spread above the heel, her right foot was amputated. Alleging medical negligence, he filed a Consumer Complaint before the District Forum with following prayer: -

(3.) The Respondents/Opposite Parties contested the case that there was no medical negligence in the case. The patient's great tow and 2nd and 3rd toes were infected with gangrene and were, therefore, amputated. For the portion above the heel antibiotic treatment was started, apart from other procedures.