Medical negligence -- Eye surgery - Loss of vision - Complainant and other patients operated on the same day for ophthalmic surgeries have suffered infection and lost their vision - Source of infection in such cases was from operation theatre and most probably due to improper sterlisation and it was probably E - Coli infection - Held that it was clearly established by the..........
Medical negligence -- Compensation - Eye surgery - Loss of vision - Out of seven eye surgeries done by OP No.1 in OP No. 2 on the particular day 3 patient lost their vision due to infection - Committee appointed by Government which was headed by a well known eye surgeon who conduced more than one lac eye surgeries found that all kind of surgeries done in the operation..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Original record and X-Ray films filed but not sent to expert for his opinion due to negligence of Assistant Registrar - Application filed to this effect but rejected - Appellant not to suffer for negligence of Assistant Registrar - All original records be sent to the expert - Case be decided afresh after..........
Medical negligence -- Eye surgery - OP Nos. 1&2 are Ophthalmologists surgeons who are specialists - There is no doubt that they being qualified and specialists and possessing requisite skills - Complainant No. 2 who is father of complainant No. 1, delayed in taking complainant No. 1 to the specialist immediately - Nearly 4 - 5 hours had passed after the injury and the boy..........
Insurance claim -- Bankers Indemnity Insurance Policy - The act of the Bank opening new savings account on 29.5.2000 without proper introduction and identification and allowing withdrawal of heavy amount from savings account prior to clearance of D.D. which is dated 29.5.2000 deposited by account holder breaches of normal banking procedure - It is clear that the loss is..........
Medical negligence -- Delivery case - Death during delivery - Res ipsa loqutur - Compensation - Wife of complainant was healthy woman aged 39 years with all parameters being normal, died due to anesthetic dosage given to her and the Anesthetist did not reverse it properly - From the operation theater onwards patient's conditions just remained critical and deteriorated as..........
Arbitration Act, 1940, Section 20 -- Arbitrator - Contract for work - Liquidated damages - Contractor is liable to pay liquidated damages because of delay and defaults on his part - If the contract can show that the delay was caused in completion of the work because of the delays or negligence or non cooperation or any other fault on the part of employer he may not be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Liability for compensation - Negligence - Claimants fully established case from the evidence led by them - It is proved that the accident took place as a result of rash and negligent driving of scooter by Appellant - Appeal dismissed...........
Consumer Protection Act, 1986, Section 11 -- Examination - Deficiency, negligence, omission or deficiency in evaluation of answer scripts or furnishing of mark sheets or certificate - Board is not a service provided and a student who taken an examination is not a `consumer' - Complaint under the Act is not maintainable against the Board...........
Medical negligence -- Compensation - Surgery for gall bladder stones - Consent - Non obtaining of - Consent obtained for Laparoscopic Cholecystectomy but conventional procedure i.e. open Cholecystectomy was undertaken without consent - It was not case of emergency operation but it was a case of elective surgery and in case it was not possible/feasible for him to perform..........
