RITU GUPTA Vs. RAJDHANI HOSPITAL

JUDGEMENT

(1.) This present Revision Petition is filed under Section 21(b) of Consumer Protection Act, 1986 against the order dated 24.8.2012 passed in First Appeal No. 431/2008 by the Hon'ble State Consumer Redressal Commission (hereinafter 'State Commission'), Circuit Bench No. 2, Jaipur at Rajasthan. The State Commission allowed the Appeal filed by the Petitioner setting aside the order dated 7.2.2008 in Consumer Complaint No. 1296 of 2007 passed by the District Consumer Disputes Redressal Forum, (hereinafter 'District Forum', Jaipu r, Rajasthan.

(2.) This is a case where the Petitioner Complainant has undergone pain, agony and physical and mental agony because of sheer medical negligence on the part of the Dr. S.S. Sharma of the Respondent Hospital, while operating the Complainant for the removal of stone from bile duct, her Duodenum was perforated/punctured and the fluid became poisonous and spread in the body of Petitioner causing serious threat to her life. Consequently, the Petitioner was treated and operated in the Santokba Durlabhji Hospital for gall bladder stone and repair for perforated duodenum was done. After the operation she had 37 stitches or. her stomach and she had to be feed for about 46 days through a feeding tube in her stomach. She stayed in the Hospital (OP) for about 25 days.

(3.) Complainant filed a complaint 1296, 2007 before District Forum, Jaipur, alleging medical negligence. The District Forum dismissed the complaint.