Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of mother and her new born child after delivery - Medical evidence on record and opinion expressed by doctors and experts who consulted medical Boards/Committees, clearly tilted the balance in favour of doctor, as none of them found any medical negligence on her part - Moreover, these medical bodies..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 173(4) -- Registration of FIR - Medical negligence - Contents of application moved u/s 173(4) BNSS does not make out a case of criminal rashness or negligence on part of respondent - Relevant inquiry was already conducted - Daughter of petitioner was admitted in a critical condition in Emergency Ward and was attended by two..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was subjected to harassment at the hands of husband and his family members for demand of Rs.2 lakhs with a motorcycle and she was ousted from her in-laws house - She thus, has a valid reason to stay separately from husband - Wife is less educated woman unable to maintain herself - Husband is..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Compensation - There is ample evidences as well as records to indicate that there was indeed medical negligence on the part of Hospital and doctor/respondent No.2 - Deceased was 27 years of age at the time of his death - He was a B.Tech graduate and was working in a soap factory - NCDRC..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Cataract surgery - Permanent loss of vision in right eye - Appellant made five visits to doctor in a week's period while consistently complaining of immense pain in the operated eye, headache and lack of vision - However, respondent doctor kept reassuring appellant that operation was successful and he would..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - When reasonable care as expected from a medical professional, is extended or rendered to the patient, unless contrary is proved, it would not be a case for actionable negligence...........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Merely because the patient has not responded favourably to the surgery or the treatment administered by a doctor or that surgery has failed, doctor cannot be held liable for medical negligence straightway by applying the doctrine of Res Ipsa Loquitor unless it is established by evidence that doctor failed to..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Deterioration of the condition of patient post-surgery is not necessarily indicative or suggestive of the fact that surgery performed or the treatment given to the patient was not proper or inappropriate or that there was some negligence in administering the same...........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - A medical professional may be held liable for negligence only when he is not possessed with the requisite qualification or skill or when he fails to exercise reasonable skill which he possesses in giving the treatment...........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Enhancement of compensation - Endoscopic Polypectomy procedure performed on the deceased patient was successful - It was after the procedure that patient suffered cardiac arrest, which led her shifting to other hospital and subsequently to another, where she eventually died - Doctors were negligent in not..........
