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P.K.MUSAHARY, RAMESH BAWRI
UTTAM SARKAR – Appellant
Versus
MANAGEMENT OF TURA CHRISTIAN HOSPITAL – Respondent


Advocates Appeared:
Mr. R.P. Kakoti, Sr. Adv. with Mr. T. Das, Advocate, for the Appellant; Mr. S.K. Goswami and Mr. A. Acharjee, Advocates, for the Respondent

Judgement Key Points

Key Points: - The OP Hospital was held liable for negligence of its doctors and staff for administering an overdose of anesthesia by a pediatrician not qualified as an anesthetist. (!) (!) [12000394870015] - Compensation awarded: Rs. 8,00,000 plus interest at 6% per annum from date of filing; no compensation for "unnatural death" head. [12000394870025] - Court emphasized calling a qualified anesthetist when available; deemed calling a non-qualifed anesthetist (pediatrician) as negligent; discussed res ipsa loquitur and applicable precedents. [12000394870022][12000394870024][12000394870031]

What is the liability of a hospital for the negligence of its doctors and staff in administering anesthesia?

What is the quantum of compensation awarded for medical negligence resulting in death?

What constitutes medical negligence and the role of res ipsa loquitur in this case?


JUDGMENT

Mr. Justice P.K. Musahary, President - Heard Mr. R.P. Kakoti, learned Senior Counsel assisted by Mr. T. Das, learned Counsel for the Complainant. Also heard Mr. S. K. Goswami along with Mr. A. Acharjee, learned Counsel for the Opposite Parties.

2. The Complainant, a businessman by occupation and a resident of Dolgaon in the district of Darrang, Assam married Smt. Chandrani Sarkar who hailed from Tura Garopahar in Meghalaya. She got conceived sometime in the month of November, 2003 and as per her attending physician, she was expected to deliver child in the first week of August, 2004. As at the relevant time the complainant's wife was residing at his permanent residence at Dolgaon, necessary medical advice and treatment was given to her by Dr. B.C. Kalita, a specialist in Obstetrics and Gynaecology of Mangaldoi. On the advice of the said doctor he got his wife's pregnancy test/investigation done mostly at Tohbildar Clinical Laboratory and Radhika X-ray and Imaging Centre at Mangaldoi. As per various test reports, his wife was carrying normal pregnancy with single foetus and main

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