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The Commission held that reliance on old CT scan report; invalid consent & unjustified delay in conducting Laparotomy, constituted Medical Negligence and directed the surgeon to pay compensation of Rs. 4 Lakhs.
NCDRC pointed out that the Fortis hospital and the assigned doctor ignored the condition of the patient’s lungs and started angioplasty, thereby resulting in severe pulmonary edema within half an hour of beginning the procedure leading up to further complications.
Prior to his elevation to the Supreme Court, Justice Aravind Kumar, as Chief Justice of Gujarat High Court initiated steps to tackle pendency of cases and initiated conversion of roadways buses into schools for poor children.
The Court stated that allowing the proceedings to continue will amount to an abuse of the process of law.
This 24-year-old matter revolved around a sixth-generation leading jeweller of Hyderabad who in 2002 underwent coronary surgery at Care Hospital but developed life threatening complications after the operation.
When the Court suggested it was not inclined to entertain the writ petition due to territorial jurisdiction, the petitioner’s counsel sought permission to withdraw the petitions. The Court granted this request, allowing the petitioner to take appropriate legal steps.
Supreme Court said that the Compensation by its nature must be just, and described the compensation awarded to the appellant as ‘paltry’.
Constitution of India — Arts. 136 and 142 — Uncompoundable offences: Quashing of criminal proceedings on basis of compromise petition, when permissible,
The Calcutta High Court observed that the benchmark for determining negligence in professional cases is the ‘reasonable standard’, fixed by the law of averages.
DCDRC was of the view that the manner of conducting the mock drill by the hospital was not only a severe deficiency in service but also as an extreme type of unfair trade practice.
The opposite parties denied her admission or operation in the clinic and also refuted the removal of rusted nut and bolt by claiming that they ought to be stainless steel material for medical use.
“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”
The Commission stated that the treating doctor is the best judge in a case where multiple options/ tests are available in respect of a particular ailment.
The Supreme Court held that the IAF and the Indian Army were vicariously liable, jointly and severally, as the former was Veteran’s immediate employer and the latter was the organization controlling and in charge of the Military Hospital
Supreme Court said that the burden was on the appellant more particularly in a circumstance when all the family members had got administered the same vaccination from the same source and the appellant himself did not undergo any difficulty when the first two doses were administered.
“When a minor seeks a medical termination of pregnancy, doctors must ensure that the process is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor’s age and maturity level.”
A consumer complaint was filed before the TSCDRC alleging deficiency of service/medical negligence on part of the staff performing surgery, seeking compensation of Rs 40 lakhs.
“Falsification of records is an extremely serious matter. It partakes of crime and is coloured by criminal intent. Where the falsification takes place in connection with treatment of a patient, especially where the patient is dead, the seriousness of the misdemeanor increases manifold.”
While deciding upon the complaint, the NCDRC also made important observations on ethical questions surrounding Assisted Reproductive Techniques and urged the Government to bring out necessary regulations for safe ART procedures.
The Commission was deciding a case where the complainant (who was a medical professional himself) had accused the opposite parties of medical negligence after his son died due to cardiac arrest after getting operated for disfigurement of eye.