LAWS(NCD)-2018-3-30

ABDUL RASHEED SHAIK Vs. VIKRAM MATHEWS & ORS

Decided On March 19, 2018
Abdul Rasheed Shaik Appellant
V/S
Vikram Mathews And Ors Respondents

JUDGEMENT

(1.) The Complaint:

(2.) Till then, complainant had already spent huge amount about Rs. 12,00,000/- towards the treatment of his son. The OP-1 despite knowing the seriousness of disease, did not admit the patient in CMC hospital for the treatment of Sarcoma. On return to Vishakhapatnam, condition of patient's left leg further deteriorated, became critical and got admitted in Queen NRI Hospital at Vishakhapatnam and ultimately patient was expired on 11-07-2009. Therefore, the complainant alleged recklessness and negligence on the part of OP-1, Dr. Vikram Mahews and OP-2, Dr. Kaushik, Orthopaedic Surgeon. It was alleged that severe deficiency in the medical services from the Hematology Orthopaedic Department at CMC. Therefore, the complainant filed a complaint before this Commission for the relief of Rs. 5,00,00,000/-.

(3.) The opposite parties resisted the complaint by filing their written version. OPs denied about the delay in diagnosis or wrong treatment. OPs submitted that, the patient was treated properly as per standard protocol. The OPs submitted that, the present complaint involves complicated question of facts which needs detailed evidence and expert opinion, thus, it could not be adjudicated in summary manner under the Consumer Protection Act, 1986. Therefore, the complainant should be directed to seek redressal, if any, through Civil Court. The patient was suffering from fever for one month after evaluation.