Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(g) -- Consumer - Medical negligence - OP No. 3 is the Medical Superintendent of OP No. 1 Hospital - Contention of OP No. 3 that he did not charge any fee from the complainant and it was charged by OP No. 1 Hospital and the complainant was not a consumer qua him repelled - The complainant was admitted in the OP Hospital..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - OP No. 3 is the Medical Superintendent of OP No. 1 Hospital - The OPs have charged a total amount of Rs. 1,01,858 and out of this amount, Rs. 81,600 have been charged for TPA alone - OPs have been treating the patient on a wrong diagnosis when he was not confirmed to be..........
Constitution of India, 1950, Article 14, 16 -- Promotion - Retrospective promotion - Claim for retrospective promotion from 1976 on the ground that in 1998 and 2000 in medical examination he was not found colour blind - The fact not disputed that the respondent was subjected to medical examination in 1976 and that he was found to be colour blind and he did not challenge..........
Consumer Protection Act, 1986, Section 21(b) -- Medical negligence - Complaint allowed to be withdrawn on 23.11.2006 - Petitioner - OP came across a judgment on Google.com and official web site of the State Commission pertaining to his case which is dated 25.4.2006 finding him guilty of medical negligence and liable to pay compensation of Rs. 25,000/ - - The case never..........
Consumer Protection Act, 1986, Section 21(b) -- Medical negligence - Complaint allowed to be withdrawn on 23.11.2006 - Petitioner-OP came across a judgment on Google.com and official web site of the State Commission pertaining to his case which is dated 25.04.2006 finding him guilty of medical negligence and liable to pay compensation of Rs.25,000/- - The case never fixed..........
Medical negligence -- PCNL operation - For removal of surgery - Death of patient - Before conducting the operation, different test were conducted to ascertain that patient was in a fit condition to undergo operation and all tests were normal - Patient suffered cardiac arrest on which specialist was called on whose advice she was removed to the hospital under proper care -..........
Medical negligence -- Meaning - A simple lack of care, and error of judgment or an accident is not proof of negligence on the part of medical professional - So long as doctor follows a practice acceptable to the medical profession of that day, he cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or..........
Medical negligence -- Civil and Criminal Law - Negligence act in civil law may not necessarily be negligence act in criminal law - For negligence to amount to an offence, the element of mens rea must be shown to exist - For an act to amount negligent, the degree of negligence should be much higher i.e. gross or of a very high degree - Negligence which is neither gross nor..........
Medical negligence -- Opinion of another doctor - Required before proceeding with criminal investigation and not in respect of cases before the Consumer Fora...........
Consumer Protection Act, 1986, Section 24A(1) -- Cause of action - Medical negligence - In medical negligence cases there can be no straight jacket formula for determining as to when cause of action arose - Each case has to be decided on its own facts - If the effect of negligence on the doctor's part or any person associated with him is patent, the cause of action will be..........
