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High Court Nepalgunj Bench Upholds Banke District Court's Decision in Medical Negligence Case, AF Provided Legal Assistance to Victim
The division bench of Judges Chandra Bahadur Saru and Govinda Joshi issued the decision.
Earlier, Advocacy Forum Nepal's Lumbini Province Senior Coordinator Advocate Basanta Gautam provided legal aid to Namrata Shrestha to file a case of compensation with District Court Banke on 16 August 2019.
Gautam, Senior Advocate Sunil Kumar Shrestha, Bishwajit Tiwari and Hira Bahadur Shrestha argued on behalf of the victim. Advocate Lok Bahadur Shah pled for Nepalgunj Medical College.
Namrata Shrestha, in her petition, had claimed that her husband Manitlal Shrestha was taken to Nepalgunj Medical College after he had a fever. He was admitted to the emergency ward where the on-the-job training students rather than the senior doctors treated him, ultimately leading to his death.
The victim family had filed a case against the hospital and the doctors alleged to be involved in medical negligence under Sections 50, 51 and 52 of the Consumer Protection Act 2018.
Previously, the single bench of Judge Bidur Kafle had decided that the hospital had committed the offense of medical negligence and asked it to provide compensation to the victim family.
This is the first compensation case filed under Consumer Protection Act in Banke district and the High Court's favourable decision in the case has upheld consumers' right to quality service, Advocate Basanta Gautam said.
Victim Namrata Shrestha reacted positively to the court decision and said that she experienced justice after a long struggle.
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