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AJAY RASTOGI, ABHAY S. OKA
Chanda Rani Akhouri – Appellant
Versus
M. A. Methusethupathi – Respondent
JUDGMENT :
Rastogi, J.
1. The sad demise of husband of appellant no.1 after his long illness on 3rd February, 1996 has resulted in initiation of the legal proceedings at the instance of appellant no.1 along with her children on a bona fide belief that the cause of death of her late husband was post operative medical negligence and follow-up care.
2. The National Consumer Disputes Redressal Commission (hereinafter “the Commission”), after appreciating the material on record, including the evidence led by the parties, arrived to a conclusion that it was not a case of post operative medical negligence as being alleged by the appellants and dismissed the complaint by the judgment impugned dated 21st July, 2009 which is the subject matter of appeal filed at the instance of the appellants under Section 23 of the Consumer Protection Act, 1986.
3. In order to appreciate the issue involved in the instant appeal, it may be necessary to cull out the facts relevant for the purpose. Complainant no.1, the widow and complainant nos.2 and 3, the minor children of deceased Naveen Kant, jointly filed a complaint, inter alia, alleging that in the first instance in April, 1990, Naveen Kant developed hyper
Medical Negligence – Medical practitioner is not to be held liable simply because things went wrong from mischance or misadventure or through an error of judgment in choosing one reasonable course of....
Medical negligence – Principle of Res Ipsa Loquitur get attracted where circumstances strongly suggest partaking in negligent behaviour by person against whom accusation of negligence is made.
To establish medical negligence, a complainant must prove a breach of duty by the medical professional, accompanied by cogent evidence. Vague allegations are insufficient.
To prove medical negligence, the claimant must show a breach of duty causing harm, supported by cogent evidence. The standard of care equates to the competency expected from an ordinary practitioner.
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