Case nº First Appeal No. 15 of 2015 of National Consumer Disputes Redressal Commission, December 01, 2015 (case 1. Archana Sharma & 2 Ors. W/O. Late Shri. Jitendra Sharma, 2. Km. Ekta Sharma D/O. Smt. Archana Sharma, 3. Krishna Sharma S/O. Smt. Archana Sharma, Kanpur Nagar Vs 1. North Star Hospital & Joint Replacement Centre & 4 Ors. Through Its Owner Shobhit Jaiswal, Kanpur Nagar, 2. Dr. D.K. Singh Regd. No. H-24540, 3. Dr. Ashutosh Trivedi Regd. No. 39809, 4. Dr. Abhishek Trivedi Regd. No. 42817, 5. Dr. Saurav Gupta)

JudgeFor the Appellant: Mr. Nikhil Jain, Advocate
PresidentMr. J.M. Malik, Presiding Member and Dr. S.M. Kantikar, Member
Resolution DateDecember 01, 2015
Issuing OrganizationNational Consumer Disputes Redressal Commission


Dr. S. M. Kantikar, Member

  1. The complainant''s husband, Shri Jitendra Kumar Sharma, (since deceased), suffered fracture at the root of nose, in a car accident. He sustained contusion on the left side of forehead, just above the left eyebrow. He was taken to North Star Hospital & Joint Replacement Centre, Kanpur Nagar. The duty doctors, Dr. Ashutosh Trivedi, OP 3, Dr. Abhishek Trivedi, OP 4 and Dr. Saurav Gupta, OP 5, who were present in the hospital, decided to operate the patient. The complainant, Smt. Archana Sharma, expressed her apprehension about the treatment and CT scan was not seen by the specialist. However, at the insistence of the said doctors, the complainant gave her consent. The patient was comfortable, till 20.5.2012. On 20.5.2015, at around 6.00 p.m., Dr. D. K. Singh, OP 2, a Homeopath, in consultation with OPs 3 and 4, administered injections of Phenergan and Serenace to the patient. Thereafter, Dr. D. K. Singh, administered injection of Butrum 2 mg. It was administered in the presence of the father of the complainant and other family members. They resisted to giving the injection, because there was no pain to the patient. After injection of Butrum, the patient started perspiring heavily and his teeth were clenched. His nose had already been blocked due to nasal surgery. Hence, there was breathing difficulty. The Doctor took the patient to ICU, after 30 minutes. Thereafter, the doctors declared him ''dead''. The family members rushed to the ICU and were shocked to see that there were no necessary equipments like Oxygen Cylinder, therefore, it was not ICU but one ordinary room. The complainant paid, for the services at the hospital. Alleging medical negligence, the complainant filed a complaint before the State Commission Uttar Pradesh, Lucknow, on 17.10.2012.

  2. The State Commission dismissed the complaint. Aggrieved by the order of State Commission, the complainant has filed this first appeal.

  3. We have heard the learned counsel Mr. Nikhil Jain for complainant/appellant. Counsel vehemently argued that the State Commission decided the case, after considering the written statement filed by the OPs at a very belated stage, after passing ex parte order. Therefore, this case should be remanded. The counsel brought our attention towards the State Commission''s order dated 01.04.2013, it is reproduced as below:

    The complainant''s advocate Sh. A. K. Singh & Sh. Naveen Kumar were present. The respondent''s advocate Sh...

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