Per – Hon’ble Mr. S. R. Khanzode, Judicial Member
Heard Adv. Lancy D’ Souza on behalf of the Complainant.
[2] This consumer complaint pertains to alleged deficiency in service based upon medical negligence shown at Opponent No.1, Anand Nursing Home and the treating doctor, Opponent No.2, Dr. Hitesh Gupta in respect of new born child care who was admitted to the Opponent No.1, Nursing Home. New born was born prematurely at 34 weeks of pregnancy and, therefore, needed special care. New born ultimately died on 9/2/2011. New born child was admitted to the Opponent No.1, Nursing Home during the period 26/11/2011 to 9/2/2011 i.e. till his death.
[3] Grievance of the Complainant rests upon his own assumption and particularly raising a point of informed consent while treating the new born child. The Complainant is the father of the deceased new born child.
[4] We have carefully considered the material placed on the record. Nursing Home’s record where the new born child was admitted in the Intensive Care Unit and also the document of informed consent respectively at pages (43) to (46) and (48) of the compilation of the complaint. There is nothing on the record to show that proper care in treatment of the new born child was not taken and the fortunate death was due to any negligence on the part of staff of the Opponent No.1, Nursing Home or the Opponent No.2, treating Doctor. As far as informed consent is concerned, the document which is written in vernacular language is signed by the Complainant himself and which shows that he was made aware of the condition of the new born child appropriately and it prima-facie ruled out the grievance of the Complainant that there was no informed consent. The Complainant failed to show, prima-facie, that there is medical negligence on the part of the Opponents while treating the new born child and thus, the Opponents are guilty of deficiency in service.
For the reasons stated above, we hold accordingly and pass the following order:-
ORDER
The complaint is not admitted and stands dismissed in limine.
No order as to costs.
Pronounced on 17th July, 2012
