LAWS(NCD)-2016-2-83

RADHEY SHYAM PRAJAPAT AND ORS. Vs. SANTOKBA DURLABHJI MEMORIAL HOSPITAL CUM MEDICAL RESEARCH INSTITUTE AND ORS.

Decided On February 02, 2016
Radhey Shyam Prajapat And Ors. Appellant
V/S
Santokba Durlabhji Memorial Hospital Cum Medical Research Institute And Ors. Respondents

JUDGEMENT

(1.) The complainants Radhey Shyam Prajapat and Vandana Prajapat filed this complaint under Section 21 of the Consumer Protection Act, 1986 for alleged medical negligence against the Santokba Durlabhji Memorial Hospital cum Medical Research Institute (in short SDM hospital), the OP-1 and other three doctors working there. The complainants prayed for compensation of more than rupees two crores.

(2.) On 30.05.2013, at OP-1 ECG was performed, but due to carelessness and negligence OP's staff, ECG report of Sonia was interchanged with some other male patient about 35 years of age. On the basis of that changed report, OP-2 wrongly treated the patient. The Cardiologist Dr. Milind Shrivastava seen the ECG and noted in the medical record as under :-

(3.) The next allegation was that, the OP deliberately kept the patient in hospital despite repeated requests of the complainants and the other family members. There was no proper treatment from the competent neurologist and cardiologist which caused death of patient.