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S. M. KANTIKAR
Ishita Tikkha – Appellant
Versus
Managing Director, Apollo Cradle, Naushera House – Respondent
ORDER
“The medical professionals are entitled to get protection. It is our bounden duty and obligation of the civil society to ensure that the medical professionals are not unnecessarily harassed or humiliated so that they can perform their professional duties without fear and apprehension. The malicious proceedings deserve to be discarded against the doctors 2010(2) SCC 480.
1. This Complaint has been filed under section 21(A)(i) of the Consumer Protection Act, 1986 (for short “the Act”) by the Complainant - Dr. Ishita Tikkha (hereinafter referred to as the ‘patient’) against Apollo Cradle, Amritsar & its 3 Doctors (hereinafter referred to as the ‘OPs- 1 to 4’) for alleged medical negligence causing Complainant’s pre-term twin delivery and death of twin-1. The Complainant was represented by her mother Dr. Neelam Tikkha as an Authorised Representative (AR) / Power of Attorney.
Facts:
2. Dr. Ishita Tikkha (the patient), during her pregnancy, was under Antenatal Care (ANC) of Dr. Neera Kripal, Gynecologist (OP-4) at Apollo Cradle, Amritsar (OP-1). It was a twin pregnancy and after investigations, it was diagnosed that one baby was going to born with esophageal atresia. Therefore, as a n
(1) Negligence - Mere allegation of negligence will be of no help to the Complainant.(2) Cogent evidence - Complainant to prove the negligence or deficiency in service by adducing cogent evidence. (3....
There is no restriction that courts can award compensation only up to what is demanded by complainant.
(1) Res ipsa loquitur – The negligence alleged should be so glaring, in which event the principle of res ipsa loquitur could be made applicable and not based on perception.
(1) Definition of Negligence – Following the Jacob Mathew and Kusum Sharma precedents, negligence is defined as a breach of duty through omission or commission that a “reasonably competent” professio....
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....
(1) Medical Board Report - Looking to the Medical Board Report, entire record, Bed Head Ticket of the patient, Commission was of the view that, the patient was given proper care, timely and possible ....
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.
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.
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