Medical negligence -- Fracture femur bone of right leg - Surgery - Complainant had to suffer due to his negligence firstly by putting more weight than required on the fractured leg after the first surgery and by not taking antibiotics after the second surgery and also because of the accidental fall in the bathroom which necessitated the second surgery - The cross -..........
Medical negligence -- Delivery of child - Forceps delivery - Paralysis after seven months of delivery - Respondent - OP highly qualified treating gynaecologist possessed more than a reasonable degree of knowledge and exercised more than a reasonable degree of care - Only a farfetched logic can connect forceps delivery with MS in this case - The complainant has miserably..........
Medical negligence -- Surgical procedure - Consent - When the consent form refers to diagnostic and operative laparoscopy and 'laparotomy if needed', it refers to a consent for a definite laparoscopy with a contingent laparotomy if needed - It does not amount to consent for OH BSO surgery removing the uterus and ovaries/ fallopian tubes...........
Medical negligence -- Surgical procedure - Consent - The appellant who was neither a minor nor mentally challenged was only temporarily unconscious, undergoing only a diagnostic procedure by way of laparoscopy - The respondent ought to have waited till the appellant regained consciousness, discussed the result of the laparoscopic examination and then taken her consent for..........
Medical negligence -- Surgical procedure - Consent - Merely because respondent chose to perform radical surgery in preference to conservative treatment respondent cannot be held to be negligent - The correctness or appropriateness of the treatment procedure, does not make the treatment legal, in the absence of consent for the treatment...........
Medical negligence -- The evidence showed that the respondent having found evidence of endometriosis, proceed on the basis that removal of uterus and ovaries was beneficial to the health of the appellant having regard to the age of the appellant and condition of the appellant to provide a permanent cure to her ailment, though not authorized to do so - Unable to accept the..........
Medical negligence -- Res ipsa loquitur - Tubectomy operation - Petitioner conceived on account of failure of tubectomy operation - In the absence of any evidence indicating deficiency on the part of the doctor in performing the tubectomy operation, the fact that the complainant/petitioner conceived and gave birth to a child, by itself would not be sufficient to attract..........
Medical negligence -- Fracture of leg femur - Traction given - Respondent remained under treatment of petitioner for six months - Petitioner concealed the fact of one leg getting shortened - This alone would suffice to hold the petitioner guilty of medical negligence as well as violating profession ethics...........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Findings of fact - Medical negligence - There is concurrent finding of fact returned by both the lower Fora relating to medical negligence on the part of the petitioner - No ground to interfere in exercise of revisional jurisdiction under Section 21(b) of the Act...........
Medical negligence -- It has to be decided in the light of preponderance of probabilities - The case of the complainants could not be thrown out on the specious plea that the specific pleas were not taken or on the point of onus of proof - Onus of proof loses its sharpness, when both the parties enter into evidence and both are required to produce the best evidence..........
