LAWS(NCD)-2016-1-62

POST GRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH (P.G.I.M.E.R.) & ANR. Vs. JUG JEEVAN PAL & ANR.

Decided On January 08, 2016
Post Graduate Institute Of Medical Education And Research (P.G.I.M.E.R.) And Anr. Appellant
V/S
Jug Jeevan Pal And Anr. Respondents

JUDGEMENT

(1.) Post Graduate Institute of Medical Education & Research (PGIMER) & Anr. have filed Revision Petition No.2200 of 2012 against the order dated 14.05.2012 of the State Consumer Disputes Redressal Commission, UT Chandigarh, (in short 'the State Commission'). Its cross revision petition no. 2859 of 2012 has been filed by Jug Jeevan Pal and Anr. against the same order dated 14.5.2012 of the State Commission.

(2.) The brief facts are that the complainants' mother aged about 75 years was admitted in the PGIMER, Chandigarh on 01.07.2007 and was discharged on 6.7.2007. In between, biliary stent was placed inside the patient and samples were taken for biopsy. The patient was asked to be brought on 17.7.2007 for further check-up. The patient was brought on 17.7.2007, but the patient was not admitted in the hospital. The patient was again brought to the Institute in a serious condition on 28.7.2007 and was admitted in the Institute. The patient was discharged on 5.8.2007 at the instance of the complainants. The patient later died on same day. Alleging negligence on the part of the Institute, resulting in death of the mother of the complainants, a consumer complaint was filed before the District Forum. The District Forum constituted an expert group of doctors to examine the medical negligence on the part of the Institute and expert group submitted its report dated 03.09.2009, wherein no medical negligence was proved. Accordingly, the District Forum dismissed the complaint. Aggrieved with the decision of the District Forum dated 07.07.2011, the complainants filed appeal before the State Commission. The operative portion of the order dated 14.5.2012 of the State Commission is as follows:-

(3.) The Institute and the complainants both have filed the revision petitions, RP No.2200 of 2012 and RP No.2859 of 2012 respectively against the above order dated 14.5.2012 of the State Commission.