The appeal was filed by Maharashtra resident Vimla against the hospital and a doctor employed there, claiming that his illegible writing led to a pharmacist issuing the wrong medicine which allegedly resulted in the death of her husband Shiv Narayan Gupta.
"We do not agree with the state commission's observation that 'this is not a consumer dispute.' In our view, this is a case of alleged medical negligence (resulting in death), alleged deficiency in service," said a NCDRC bench comprising presiding member S M Kantikar and member Dinesh Singh.
The plea claimed that the doctor had prescribed a medicine 'Ketosteril' for her husband's kidney ailment but the pharmacist at the hospital wrongly gave a painkiller Ketorpol-DT'.
It was alleged in the complaint that her husband suffered several complications, because of wrong medicine, that resulted in his death.
Vimla moved the state commission which had held that the case does not come under the consumer fora's jurisdiction and asked her to file the case before the appropriate authority.
The apex commission has now directed both the parties to appear before the state commission on November 19.
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)