Medical Negligence - - Vicarious liability of hospital for negligence act committed by doctors - A hospital is vicariously liable for the acts of negligence committed by the doctors engaged or empanelled to provide medical care...........
Medical Negligence - - Compensation - Grant of compensation to remedy the wrong of medical negligence is within the realm of law of torts - It is based on the principle of restitution in integrum - Said principle provides that a person is entitled to damages which should as nearly as possible get that sum of money which would put him in the same position as he would have..........
Medical Negligence - - Withholding of medical record - Professional misconduct - Total blindness of pre-mature baby due to negligence of hospital - Withholding medical records of premature baby, for a period of 2 years, would constitute grave professional misconduct u/regul. 7, apart from being a gross deficiency in service on part of Hospital and its Management...........
Medical Negligence - - Premature delivery - Retinopathy of prematurity (ROP) not done - Compensation - Baby was born with ROP - ROP is a visually progressive decease which can be treated successfully if diagnosed in time - ROP was neither advised not carried out by Hospital or Appellant No.4/doctor, throughout the period of hospitalization of baby or even after discharge -..........
Medical Negligence - - Total blindness of new born baby - Enhancement of compensation - Negligence occurred in 2005 - Litigation is pending before Supreme Court for over 3 years, coupled with fact that additional monthly expenses, such as care of attendant/nurse, educational expenses of patient in a special school, assistive devices etc. have not been taken into account -..........
Criminal trial -- Negligence of investigation team - When ocular evidence is direct and clear and is fully supported by medical evidence then negligence of investigation team cannot be used by defence in support of their case...........
Medical negligence -- Sterilization operation - Patient does Sterilization operation only on fond hope that she will not beget a child in near future - In most of the cases, patients who undergo sterilization come from impoverished families - Government also introduces family planning schemes only to reduce population growth - It is Government's responsibility to make..........
Medical Negligence -- Sterilization operation - Plaintiff conceived within one year from date of performance of Sterilization Operation - Sterilization operation performed on plaintiff and she delivered a male baby - Sterilization operation can never become a failure within one year from date of operation - No evidence produced by appellant to prove that there was no..........
Criminal Procedure Code, 1973, Section 200, 190 -- Medical negligence - Private complaint against doctor - Private complaint should not be entertained against a Doctor unless complainant has produced prima facie evidence in the form of clear opinion by a competent Doctor in the same field to support a charge of rashness or negligence - Even a police officer cannot proceed..........
Indian Penal Code, 1860, Section 416, 417, 418, 419, 34, Criminal Procedure Code, 1973, Section 482 -- Medical negligence - Quashing of proceedings - No allegation of gross negligence - Even there is no allegation of any mens rea - It is a case of surgery that in opinion of complainant went wrong - Even otherwise, without an independent impartial medical opinion,..........
