Consumer Protection Act, 1986, Section 2(1) -- Medical negligence - Complicated questions of facts and law - The case involves medical negligence on the part of four doctors - OPs - Medical negligence cases can be well decided by the Consumer Fora under the CP Act in its summary jurisdiction - Plea of the OPs that complainant should be directed to approach civil Court as..........
Consumer Protection Act, 1986, Section 2(1)(d), 14(1)(d) -- Medical negligence - Consumer - Plea that complainant is not consumer since she has not paid anything to the OPs hence not a consumer - Held that OP's are taking advantage of the fact that complainant had not produced on record the receipt for the payment of fees to Millennium Hospital, but payment or no payment..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Plea by OPs that consumer complaint is full of falsehood and untrue statement repelled - The OPs have not shown what sort of untrue statement has been made by the complainant - Findings on the issued recorded in the negative...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - Expert opinion - The expert opinion given by Expert Committee appointed by Director of Health Services has listed lapses on the part of OP Nos. 1,2, and 3 in details - See no reason to discard their opinion - Post - mortem report clearly mentions the opinion that patient died..........
Medical negligence -- Compensation - Interest - Eye surgery - Cataract operation - PHACO technique - Appellant though a qualified and experience doctor yet not competent to handle PHACO operation which was a new technique - When the patient was being operated on the left eye by the respondent the nuclus had fallen down - Only expert doctor could intervene in such..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Complicated questions of facts and law - The case involves medical negligence on the part of four doctors-OPs - Medical negligence cases can be well decided by the Consumer Fora under the CP Act in its summary jurisdiction - Plea of the OPs that complainant should be directed to approach civil..........
Consumer Protection Act, 1986, Section 2(1)(d), 14(1)(d) -- Medical negligence - Consumer - Plea that complainant is not consumer since she has not paid anything to the OPs hence not a consumer - Held that OP's are taking advantage of the fact that complainant had not produced on record the receipt for the payment of fees to Millennium Hospital, but payment or no payment..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Plea by OPs that consumer complaint is full of falsehood and untrue statement repelled - The OPs have not shown what sort of untrue statement has been made by the complainant - Findings on the issued recorded in the negative...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - Expert opinion - The expert opinion given by Expert Committee appointed by Director of Health Services has listed lapses on the part of OP Nos.1, 2, and 3 in details - See no reason to discard their opinion - Post-mortem report clearly mentions the opinion that patient died due..........
Medical service -- Deficiency in service - Medical negligence - Held that medical negligence is different from deficiency in service - Strong evidence is required for proving medical negligence comparing the evidence which is required for proving deficiency in service in other matters unconnected with the medical field...........
