Medical negligence -- Tubectomy operation - Failure of - It is not proved that the appellant had acted negligently in performing operation - It was due to failure of operation as the operation according to medical term was not 100% successful - In the absence of any substantive evidence it cannot be held that the appellant were deficient in performing operation - Impugned..........
Medical negligence -- Post operative lack of care - From the date of discharge from 02.06.1997 to 13.06.1997 the patient did not go to OP doctor and instead chose to go to a Nature Cure Practitioner and then on to physician - Alleged negligence in post operative care is not explained or substantiated by complainant - The OP never refused to see or treat the complainant..........
Medical negligence -- Death of the husband of the complainant during the procedure of Angioplasty - OP doctor a qualified, experienced cardiologist with enough experience in procedure of angioplasty - OP has explained the pros and cons of angioplasty and carried out procedure after due written, explained concern - No expert examined by complainant though a family friend..........
Medical negligence -- Throat blockage - Treatment for - While conducting the tests known as oesophagoscopy due to which some complications of cyanosis and pulmonary edema arose - There was some negligence in conducting the test or treatment as patient died - OP Nos.1 nd 2 guilty for deficiency in service as to the aforesaid limited aspect - A lump sum compensation of..........
Medical negligence -- Prostrate surgery - Some residual prostatic tissues left despite surgery undertaken twice by `R' - This residual tissue reportedly was causing obstruction, possibly causing difficulty to the complainant in passing urine - The said problem was attended and cured by the treatment by medicines prescribed by `D' - Complainant who is aged 93 years had not..........
Medical negligence -- Compensation - Hair line fracture - Developed into displaced fracture due to wrong handling in the OPs' hospital - OP performed a Hemiarthroplasty on a young patient of 42 years a bank employee without considering open reduction and internal fixation and against established medical practices - The post-operative infection was not properly attended to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - On date fixed complainant fell ill - Counsel also did not appear - Complaint dismissed in default - A party cannot be made to suffer for negligence of his counsel - Dismissal set aside...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Carriers Act, 1865 - Carriers services - Parcel of sarees in question delivered on production of original consignee's copy of GR after obtaining discharge on reverse thereof - No negligence can be attributed to the petitioner nor can it be held responsible for the loss caused to respondent No.1-complainant - The Carriers..........
Medical negligence -- Compensation - `Due care' by Doctors is by now well settled - Since the treating doctor, who treated deceased doctor, did not have the qualification to handle such a case, a case of medical negligence stands established - Deceased aged 45 himself was a surgeon of repute - Even if his income taken as Rs.1 lakh per month and contribution towards..........
Medical service -- Medical Negligence - Res Ipsa Loquitur - Ayurvedic doctor - Not qualified to administer any allopathic treatment - Administering injunction causing penetrating injury resulting in interruption of blood supply leading to gas gangrene - Principle "Res Ipsa Loquitur" applied - Order awarding compensation of Rs.50,000/- upheld...........
