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MANOJIT MANDAL, SAMIKSHA BHATTACHARYA
Chanchal Kumar Saha – Appellant
Versus
Milton Roy – Respondent
ORDER
Manojit Mandal, President—This appeal is directed against the order dated 12/12/2012 passed by the Learned District Consumer Disputes Redressal Forum, North 24 Parganas, Barasat ( in short ‘District Forum’ ) in a Complaint Case No. CC/238/2011. By the impugned order, the Learned District Forum has allowed the complaint of the complainant and directed that:—
“That the complaint be and the same is allowed on contest against the O.P. No. 2 with cost of Rs.10,000/- and allowed exparte against O.P. No. 1 with cost of Rs.10,000/-.
Opposite parties jointly and severally are hereby directed to pay a sum of Rs.4,00,000/- (Four Lakhs) as compensation to the complainant for causing unnatural death of the patient and mental harassment and agony and also for deficiency in service and negligence on the part of the parties.
Both opposite parties are hereby directed to clear the decretal dues within one month from the date of this order, failing which each of them (O.Ps) shall have to pay an interest at the rate of Rs.250/- per day till full satisfaction of this order and even after that penal measure shall be taken for which O.Ps shall be responsible.
Let a copy of this order be supp
Shifting of patient – it is proved beyond doubt that it was not the Complainant’s decision of shifting the patient but the Appellant and the Opposite Party No. 2 Hospital referred the patient to any ....
(1) Duty of care – The duty of care implies that the doctor must exercise reasonable skill and care, adhering to the standards expected of a medical professional in similar circumstances.(2) Breach –....
Medical Negligence – Negligence alleged should be so glaring, in which event principle of res ipsa loquitur could be made applicable & not based on perception.
Medical negligence – Treating Doctor must show utmost care while handling critical patients.
Negligence in medical treatment must be proven with concrete evidence, and mere adverse outcomes do not imply failure of care.
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