New Delhi : Dr S M Kantikar, Presiding Officer and Binoy Kumar, Member of NCDRC declined to entertain the complaint of the petitioner Mr.Om Prakash Sikka seeking compensation of Rs. 4 crores on various ground of negligence against IVY Hospital, Mohali and others in treating their deceased son Rajat Sikka. The petitioner primary allegations was with respect to doctors not taking consent for invasive procedures like use of ventilator, for Central Venous line (CVL/IJV), Ryles tube insersion among other allegations.
NCDRC was of the view that with respect to the allegation on consent not being taken by the treating doctors for invasive procedures like use of ventilator, for Central Venous line (CVL/IJV), Ryles tube insersion that the patient was in emergency and the initial consent is sufficient during emergency. The counsel for the hospital relied on the decision of Hon’ble Supreme Court in the case of Samira Kohli Vs. Dr. Prabha Manchanda &Anr.NCDRC further said that “No cure is not a negligence” and dismissed the complaint.
