ASHA Vs. MOHD. QUASIM

JUDGEMENT

(1.) Revision petitioner, Dr. Asha has initiated the current proceedings against concurrent orders of the District Consumer Disputes Redressal Forum-Deoghar and Jharkhand State Consumer Disputes Redressal Commission. The complaint of respondent/ Mohd. Quasim, was allowed by the District Forum and the appeal against it by the RP/OP-Dr. Asha was dismissed by the State Commission. The complaint had arisen out of a surgery (hysterectomy) performed by the O.P. on the wife of the complainant on 23.7.2003 and her subsequent death in another hospital on 28.8.2003, resulting from alleged post-surgery complications.

(2.) In a detailed and analytical order the District Forum reached the conclusion that it was a case of medical negligence and awarded compensation of Rs. 1.70 lakhs to the complainant. While doing so the District Forum has observed:

(3.) In the appeal filed by OP/Dr. Asha, the State Commission has gone into the question which arises first and the fore-most in this case viz. what was the urgency to perform the hysterectomy, late in the evening on 23.7.2003, when admittedly, the patient had been bleeding for three days and had been brought to the OP in a critical condition. In this behalf the State Commission has observed that: