Search Results for Tag : Medical Negligence
Judgments
In cases of medical negligence, where a special skill or competence is attributed to a doctor, a doctor need not possess highest expert skill, at risk of being found negligent(25.02.2019)
The sad demise of the wife of the Appellant has resulted in the legal proceedings being initiated by the Appellant on a belief that, the cause of her .....
Tags : Medical negligence, Compensation, Entitlement
Expert opinion is not mandatory while adjudicating a complaint of medical negligence(02.05.2019)
Challenge in present Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986 is to the order passed by the State Commission. By th.....
Tags : Medical negligence, Compensation, Entitlement
Onus to prove medical negligence lies largely on the complainant and that this onus can be discharged by leading cogent evidence(19.03.2018)
In facts of present case, the Complainants' (Nos. 1 & 2) son, met with bike accident. Immediately he was admitted in Sterling Hospital (OP) at Rajkot......
Tags : Complaint, Medical negligence, Proof
Medical practitioner can only be held liable where his conduct fell below that of the standards of reasonably competent practitioner in his field(20.04.2022)
The demise of husband of Appellant no.1 after his long illness has resulted in initiation of the legal proceedings at the instance of Appellant no.1 a.....
Tags : Complaint, Medical Negligence, post operative care
News
Kerala HC: ‘Res Ipsa Loquitor’ Will Apply in Cases of Medical Negligence(28.12.2020)
Kerala High Court has held that the principle of 'res ipsa loquitor' will apply in a case of medical negligence if a patient suffers a complication wh.....
Tags : Kerala High Court, Medical Negligence Cases
P&H HC: Conception of Pregnancy Post Tubectomy Not Medical Negligence(21.07.2020)
Punjab and Haryana High Court has held that the doctor performing tubectomy, at the time of child delivery, cannot be attributed medical negligence me.....
Tags : Punjab and Haryana High Court, Pregnancy Post Tubectomy Not Medical Negligence
NCDRC Awards 1 Crore Compensation to Parents for Death of Child During Eye Correction Surgery(31.08.2022)
National Consumer Disputes Redressal Commission, New Delhi has awarded compensation of Rs. 1 Crore to parents of 6 year old child who died due to gros.....
Tags : NCDRC, Compensation, Medical Negligence
NCDRC: Wrong Blood Transfusion Amounts to Medical Negligence(07.06.2022)
National Consumer Disputes Redressal Commission (NCDRC) has held that in majority cases the hospital staff fails to note the symptoms of wrong blood e.....
Tags : NCDRC, Medical Negligence, Blood Transfusion
SC: Medical Professional Cannot be Held Negligent if Patient Dies During Surgery(08.09.2021)
Supreme Court has observed that a medical professional cannot be held negligent merely because the treatment is not successful or the patient dies dur.....
Tags : Supreme Court, Medical Negligence
CRIMINAL - Compensation can't Go Restrictive When Victim is From Poor Background in Medical Negligence Cases:SC(08.03.2019)
Supreme Court has observed that general damages towards pain and suffering as also loss of amenities of life deserve to be considered uniformly for hu.....
Tags : Supreme Court, Medical Negligence
CIVIL - Compensation can't Go Restrictive When Victim is From Poor Background in Medical Negligence Cases:SC(08.03.2019)
Supreme Court has observed that general damages towards pain and suffering as also loss of amenities of life deserve to be considered uniformly for hu.....
Tags : Supreme Court, Medical Negligence
SC: Medical Negligence Can’t be Claimed if Complications Suffered was Unrelated to Medical Procedure(23.10.2023)
Supreme Court while observing that strong incriminating circumstantial or documentary evidence is required for application of doctrine of Res Ipsa Loc.....
Tags : Supreme Court, Res Ipsa Locutor, Medical Negligence
Tripura HC Orders Govt to Pay Compensation to Mother of Deceased Lawyer(05.01.2021)
Tripura High Court has ordered the State of Tripura to pay a compensation of Rs. 10,00,000 in a case of death of an advocate namely Bhaskar Debroy aft.....
Tags : Tripura High Court, Death Due to Medical Negligence
CIVIL - Wrong Diagnosis Doesn't Amount to Medical Negligence: SC(26.02.2019)
Supreme Court has dismissed appeal filed by a man against order of National Consumer Disputes Redressal Commission which dismissed his complaint alleg.....
Tags : Supreme Court, Medical Negligence, Wrong Diagnosis
J&K&L HC: Medical Negligence Can Only be Gauged by Experts(28.12.2022)
Jammu & Kashmir & Ladakh High Court has observed that it is a settled legal position that only field experts can certify whether there was any neglige.....
Tags : Jammu & Kashmir & Ladakh High Court, Medical Negligence, Field Expert, Doctor
Bombay HC Provides BMC Last Opportunity to Decide Compensation Case of Man who Lost Fingers(09.10.2015)
Bombay High Court has provided a final opportunity to BMC to decide whether it will compensate a man, who claimed that he had lost his fingers due to .....
Tags : Bombay High Court,medical negligence ,BMC
Madras HC to TN: Pay Rs 28 Lakh Compensation for Giving Laughing Gas to Patient Instead of Oxygen(05.09.2016)
Madras HC has directed Tamil Nadu Government to pay Rs 28.37 lakh as compensation to the family of a woman who died in 2012 due to medical negligence .....
Tags : Madras HC, medical negligence
MP HC Dismisses PIL Against Govt Hospital for Medical Negligence with Cost(10.03.2022)
Madhya Pradesh High Court has dismissed two petitions in the nature of Public Interest Litigation, seeking action against a government hospital for it.....
Tags : Madhya Pradesh High Court, Medical Negligence
Orissa HC Orders Inquiry into Complaints of Medical Negligence at State-Run COVID Facility(12.07.2021)
Orissa High Court has formed a committee to conduct an inquiry into the allegations of medical negligence in the treatment of victims during COVID-19 .....
Tags : Orissa High Court, Medical Negligence at State-Run COVID Facility
Delhi Consumer Commission Imposes Fine of Rs. 25 Lakh for Medical Negligence on Hospital and Doctors(29.09.2016)
Delhi Consumer Commission has directed a private hospital and two orthopaedics to pay Rs. 25 lakh as compensation to a patient who had suffered 40 per.....
Tags : Delhi Consumer Commission, Medical Negligence
SC: Patient’s Death on Face of it Cannot be Medical Negligence(21.04.2022)
Supreme Court has said that even death of a patient cannot, on the face of it, be said to be medical negligence. The court said that it emerges from t.....
Tags : Supreme Court, medical negligence, medical practitioner
Delhi State Commission Consumer Court Grants Rs. 25L to Woman as Compensation for Medical Negligence(06.06.2019)
Delhi State Commission Consumer Court has granted Rs. 25 lakh damage to a woman who became a victim of medical negligence and lost her baby after a ho.....
Tags : Delhi State Consumer Commission, Medical Negligence
SC: Mens Rea as Intent Not Required in Medical Negligence Cases(09.08.2021)
Supreme Court has observed that mens rea as intent is not required in a case of medical negligence. The Court has observed that before summoning the a.....
Tags : Supreme Court, Medical Negligence Cases
Mad HC: High Court Can’t Interfere With Opinion of Medical Experts by Acting as an Expert Body(14.06.2023)
Madras High Court while refusing relief to a mother in a medical negligence case has held that High Court can’t interfere with the opinion of the medi.....
Tags : Madras High Court, Medical Negligence, Expert Opinion, Judicial Review