Case nº Revision Petition No. 4425 Of 2014, (Against the Order dated 02/12/2014 in Appeal No. 65/2011 of the State Commission Maharastra) of NCDRC Cases, February 26, 2015 (case 1. Apex Hospital and Ors. 2. Dr.M.A.Majid 3. Dr.Sara Majid Vs 1. Subhash Mohanrao Pachlore and Anr. 2. New India Assurance Co Ltd)

JudgeFor Appellant: Mr. Pradeep R. Adkine, Adv. and For Respondents: In Person
PresidentMr. V.K. Jain, Presiding Member and Mr. Dr. B.C. Gupta, Member
Resolution DateFebruary 26, 2015
Issuing OrganizationNCDRC Cases

Order:

  1. The complainant, who is an Advocate by profession, became unconscious while sitting in his office on 11.07.2007. He was taken to OP-1 Apex Hospital. He was diagnosed as suffering from Cerebral V.S.T. (SSS Thrombosis). On the instructions of the treating doctor his HIV test was conducted. The case of the complainant is that on next date, the doctor disclosed the HIV report which was a positive report, but later proved to be false, to his wife and relatives and started treatment him for both, HIV and Thrombosis. The complainant was discharged from hospital on 13.07.2007 with the report indicating HIV positive. The complainant was again taken to hospital on 16.07.2007 from where he was discharged on 18.07.2007. According to the complainant on the advice of another Doctor, he had undergone HIV test at another lab on 14.07.2007 and as per the said report, he was HIV negative. Yet, another test was conducted on the complainant on 06.12.2007 in which he was found HIV negative. Being aggrieved from disclosure of a false report his family members and the treatment given to him for HIV without his actually been so, the complainant approached the concerned District Forum.

  2. The complaint was resisted by the OPs by filing reply...

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