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Results of medical negligence

Showing : 11-20 of 709 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of wife of complainant - Compensation - Deceased was medically compromised by reason of her past illnesses - She was admitted to two other hospitals, post her discharge from respondent no.1/Hospital - Death has been caused by a multiplicity of factors - Reasonable degree of skill, knowledge and care..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Torts -- Medical negligence - Claim for compensation - Doctor conducting operation did not offer any guarantee hence, there is no contract on not conceiving the child - Court would not imply of any such contract in absence of such a contract therefore, claim for compensation is not maintainable...........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Torts -- Medical negligence - Claim for compensation - In absence of operating doctor and without providing him opportunity of explaining, it cannot be held that said doctor was negligent during operation...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 304A -- Rash and negligent act - Medical negligence - Doctor performed surgery and subsequently patient on reaching home complaining of acute pain - It is not sufficient to conclude that doctor was negligent in performing surgery...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of proceedings - Medical negligence - Neither doctor was drunkard nor he used tools which were not meant for surgery - Thus, it is a fit case where powers u/s 482 Cr.P.C can be exercised - Proceedings quashed...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Compensation - Finding of Medical Council of India is on record that while treatment was administered to patient, she did not receive timely treatment - In failing to provide medical treatment in accordance with medical guidelines, respondents failed to satisfy standard of reasonable care..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of no, working spouse - Compensation - In computing compensation payable on death of a home maker spouse who is not employed, Court must bear in mind that contribution is significant and capable of being measured in monetary terms...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Medical Council of India Act, 1956 -- It must be proved by evidence of experts in the filed that suffering of ailment was as a result of improper performance of surgery and that too with the degree of negligence on the part of doctor - However, proving suffering of ailment by patient after surgery is not sufficient...........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Medical negligence - Prosecution of Government doctor cannot be allowed without procuring prior sanction u/s 197 Cr.P.C - In the absence of prosecution sanction, allowing proceedings to continue against petitioners for offence u/s 304-A IPC would be nothing short..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2017
Details

Ranbir Penal Code, 1989, Section 304A -- Medical negligence - Simple lack of care, error of judgment or accident - Cannot form a proof of negligence on part of medical professional...........

Showing : 11-20 of 709 Results