Medical Negligence
Doctors in private practice or in hospital services try their best to treat patients with due care and diligence. Even then there are many medical negligence claims which come before consumer Courts and also before criminal and civil Courts. Now it has been covered under the Consumer Protection Act 1986.
State Consumer Disputes Redressal Commission
Sabiha Hamid vs Dr M Khan Hospital on 30 September, 2021
CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010
Complaint Case No. C/2013/32 ( Date of Filing : 07 Mar 2013 )
1. Sabiha Hamid a ...........Complainant(s)
Versus
2. Dr M Khan Hospital a ............Opp.Party(s)
BEFORE: HON'BLE MR. Rajendra Singh PRESIDING MEMBER HON'BLE MR. SUSHIL KUMAR JUDICIAL MEMBER
PRESENT: Dated : 30 Sep 2021
Judgement:-
The Complaint Case is allowed with cost. The opposite parties no.1 and 3 are jointly and severally liable to pay ₹ 50 lakhs as compensation with interest at the rate of 12% from 01.11.2010 till the date of actual payment. They are also jointly and severally liable to pay ₹3,90,107.28 to the complainant for various charges received by them during operation and also incurred by the complainant after discharge for her travelling, check up and medication. They are also jointly and severally liable to pay ₹84,000.00 for mental agony in addition to ₹ 1 lakh as cost of the proceedings. All these amount will carry interest at the rate of 12% from 01.11.2010 till the date of payment. This order shall be complied with within 30 days from the date of judgment otherwise the rate of interest will be 15% per annum. The opposite parties shall be indemnified to the extent they were insured by the opposite parties no.6 and 7. If the order is not complied with in 30 days, the complainant will be free to move an application for execution at the cost of the opposite parties no. 1 and 3.