STATEMENT OF FACTS

1. Neha, who was Vikrant’s spouse saw a commensurate build up in her medical
complexities ranging from espohegal cancer and hypertension to being diabetic. She was
consulting Dr. Shalabh Saxena, while her husband, Vikrant was a rheumatologist as well.
2. On 20th April, 2019, post taking her medicines after dinner and going to sleep, Neha
complained of severe pain and Vikrant called and later WhatsApp-ed Dr. Saxena, who
informed of his unavailability for fifteen days and thus, Neha took a paracetamol and
relaxed as a preventive measure.
3. The next morning, she was admitted to Quick Heal Hospital (Respondent 1) where Dr.
Sivakant Jhunjhunwala( Respondent 2) treated her and Dr. Anurag( Respondent 3) fed
nasal tubes into her, which stopped functioning later and her WBC count was found to be
high as well. Dr. Anurag further prescribed Polypod( Cefpodoxime) to her as well.
4. Having been discharged from the hospital on 23.04.2019, with an advise to continue
medication for fifteen more days, Vikrant unfortunately saw his wife collapse on the
morning of 29th and rushed her to a nearby General Hospital. Dr. Vincent, the doctor over
there, identified Polypod as the reason for Neha’s fatal collapse. She had been
inadequately diagnosed in Quick Heal Hospital. Neha expired on 01.05.2019.
5. After consulting various doctors in the US, Vikrant decided to sue the doctors in Quick
Heal Hospital on three-fold grounds of inappropriate and ineffective medication,
premature discharge when Neha should’ve been treated in the ICU as well as for the
administration of Polypod through nasal tubes and not in the right manner-intravenously.
6. The respondents maintained that Neha’s vitals behaved normally and she was well-
hydrated with no infection in her chest or urinary tract, which prompted her discharge.
They had also found her clinically stable and thus advised a fifteen-day medication.
7. The State Commission ruled in favor of the appellant and asked for the respondents to
pay Rs. 15 lakhs as compensation and Rs. 51,000 as costs to Vikrant, the appelant.
8. Aggrieved by this decision, the respondents directed an appeal before the National
Consumer Disputes Redressal Commission and were thus exonerated of all the charges.
9. Vikrant filed a Special Leave Petition (SLP 254 OF 2019) before the Hon.’ble Supreme
Court against the NCDRC orders and since a leave had been granted, the case has been
listed( Vikrant Mathur vs. Quick Heal Hospital SLP 254 of 2019) for hearing on 21.3.20.