LEELAVAN DINESHKUMAR JAIN Vs. RAJASTHAN HOSPITAL

JUDGEMENT

(1.) The instant Appeal filed under sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act "), against the Order dtd. 15/12/2010 passed by the State Consumer Disputes Redressal Commission, Gujarat, Ahmedabad (hereinafter referred to as the "State Commission ") in Consumer Complaint No. 301 of 1998, wherein the State Commission, dismissed the Complaint filed by the Complainants.

(2.) Brief facts that Dineshkumar Jain (since diseased- hereinafter referred to as the 'Patient ') had some indigestion problem and therefore, on 21/12/97 he went to Dr. H.B. Jain, who prescribed some medicines and referred to Dr. Luv Dalal. On 22/12/1997, he got admitted in Rajasthan Hospital (hereinafter referred to as the 'Opposite Party No. 1 ') and after various blood tests, x-ray and electro cardiograph [ECG] he was discharged on 26/12/1997. Thereafter he was again admitted on 2/1/1998 and operated for intestinal obstruction on 5/1/1998 at 2.30 p.m., but after the operation, while transferring the patient around 4.10 p.m. suffered sudden cardio- respiratory arrest and at about 7.45 p.m., he suffered 2nd arrest and at about 8.15 p.m. the patient was declared dead. The complainants alleged that the patient was young 32 years, good general condition and fit for surgery as per normal ECG and other reports. Therefore, it was alleged that his death during the operation was due to negligence and carelessness or over dose of anesthesia. Being aggrieved, the deceased patient 's wife and legal heirs filed the Consumer Complaint No. 301 of 1998 and prayed compensation of Rs.10,00,000.00 and Rs.25,000.00 towards litigation cost.

(3.) The Opposite Parties denied any negligence during treatment of the patient. It was submitted that the operation was uneventful, but while transferring the patient from operation theatre the patient suffered cardiac arrest, which was managed as per the standards.