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J.M.MALIK, S.M.KANTIKAR
LAL MEMORIAL HOSPITAL – Appellant
Versus
T. SIVARAMAN – Respondent


Advocates Appeared:
Mr. Raghenth Basant and Ms. Aditi Mishra, Advocates, for the Appellant; Mr. Amit Sharma, Advocate, for the Respondent

ORDER

Dr. S.M. Kantikar, Member - The changing nature of hospitals has not gone unnoticed by the courts. Hospitals, like other businesses, must provide quality services or be responsible to the consumer for the consequences The result has been increased recognition of a duty owed by hospitals to their patients with respect to the quality of medical care offered, even in the absence of a 'master-servant' relationship between the physician and the hospital. Courts impose corporate liability because patients are entitled to expect quality treatment from modern hospitals, which generally have extremely sophisticated equipment and highly trained personnel.

1. The patient, Miss Shrijini (since deceased) was diagnosed as spastic dysplasia, by Dr. Basheer. She had flexion deformity of both the knees. Therefore, she was operated for correction surgery by Dr. Basheer (OP-4) at Lal Memorial Hospital (OP-1), on 25.07.1997. The patient started complaining about pain, which was reported to the staff but neither staff nor doctor attendant to the patient. Every time, the patient was told 'Nothing to worry', by the staff nurse. The patient was advised for traction, but the nurse did not put the trac

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