Back
S. M. KANTIKAR, BINOY KUMAR
Nomeshwar Prasad Baluapuri – Appellant
Versus
Mukund Thakur – Respondent
ORDER
Dr. S.M. Kantikar, Presiding Member—The present Complaint has been filed under section 21 of the Consumer Protection Act, 1986 (for short “the Act”) by Nomeshwar Prasad Baluapuri, father of the deceased & the other Complainants, who are mother, wife and children of deceased (hereinafter referred to as the ‘Complainants’) against the Zenith Hospital (OP-3) and the treating doctors - Dr. Mukund Thakur, the Surgeon (OP-1) and Dr. V. Alsi, the Anesthetist (OP-2) seeking compensation amounting to Rs. 10 crore for the act of medical negligence.
2. The facts are that Mr. Vineet Baluapuri (since deceased, hereinafter referred to as “the patient”) was suffering from Hemorrhoids (piles) for 6-8 months. Initially, he was under treatment of Dr. S. K. Hajra and on 02.09.2014, he was referred to Dr. Mukund Thakur (OP-1) at Zenith Hospital (OP-3) for piles surgery. The OP-1 examined the patient and the laser surgery for piles was fixed on 05.09.2014. It was alleged that the patient was not fit for surgery. The OP-1 did not see patient’s blood reports; ignored the major variation in ESR and platelet count. The OP-1 brushed aside by telling that it was marginal variation. The Anesthetist, Mr.
(1) Patient - Simply because a patient has not favorably responded to a treatment given by a physician or a surgery has failed, the doctor cannot be held liable.(2) Fabrication - The question of fabr....
Known surgical complications like bowel injury during hysterectomy by qualified doctors do not constitute negligence if due care exercised; Medical Council findings post-remand hold great relevance a....
Standard care - It should be borne in mind that the type of medical service offered, the practitioner’s expertise, training, and experience, and even the location where the treatment took place may a....
In medical negligence, res ipsa loquitur applies to unexplained post-surgical perforations shifting burden to prove non-negligence; doctor's death abates personal liability against heirs; hospital vi....
The main legal point established in the judgment is that the complainants successfully proved medical negligence on the part of the treating surgeon, leading to the patient's death. The court relied ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
