BINOY KUMAR
Mukesh Joshi – Appellant
Versus
Manu Sharma – Respondent
ORDER
These two Appeals have been filed by four Doctors – Dr. Mukesh Joshi & Ors. (hereinafter referred to as, the ‘Opposite Parties Nos. 2 to 5’) and the Oriental Insurance Co. Ltd. (hereinafter referred to as, the ‘Opposite Parties Nos. 6 to 10’) respectively against the same impugned Order dated 16.04.2021 passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh (hereinafter referred to as the “State Commission”) in MA No. 2072 & 2073 of 2020 in CC No. 886 of 2018, whereby the Complaint filed by the Complainants was partly allowed with a total compensation of Rs. 33 lakh and Rs. 5,000/- towards litigation costs to be paid by the Appellants to the Complainants.
2. Brief facts of the case are that, on the complaint of pain in left knee of their daughter - Ms. Jiya Sharma (hereinafter referred to as, ‘the patient’), her parents / Respondents Nos. 1 & 2 (hereinafter referred to as, the ‘Complainants’), on 10.05.2017, took her to Dr. Kulwant Singh (hereinafter referred to as, the ‘Opposite Party No. 1’) on 12.05.2017, who, after getting some tests conducted, advised the Complainants to visit ‘Joshi Super Specialty and Multispecialty Hospital’ at Jalandhar. On 16
(1) MRI – Not ordering an MRI after a reasonable time of treatment is a clear case of deficiency of service and medical negligence on the part of the four Appellants.(2) Medical Negligence – Conducti....
(1) Pancreatitis – Pancreatitis could be detected only much later but OPs cannot be held responsible.(2) Negligence – The patient’s treatment was based on from OP No.3, which further underscores negl....
(1) Primary treatment - The OP’s duty was limited to primary treatment or proper referral, but he started ATT and same was stopped within few days and again restarted without any justification.(2) Ti....
(1) Liability of Insurance Company – Liability of Insurance Companies is strictly confined to the pecuniary limits and terms of the professional indemnity policies held by the doctors/hospital.(2) Fa....
Critical condition - If the patient was in a critical condition and he could not survive even after surgery, keeping that in mind the blame cannot be passed on to the Hospital and the Doctor who had ....
(1) Medical Negligence – In a case of medical negligence, it is obligatory on the part of the complainants to examine an expert and adduce evidence regarding the procedure to be adopted in this case.....
Injury There is no question of any injured person falsely implicating anyone innocent for such injury in the absence of any previous enmity.
(1) Standard of Proof & Parallel Proceedings – Although civil cases are decided on a “preponderance of probability” (unlike the criminal “beyond reasonable doubt”), findings in a criminal trial that ....
Negligence in medical treatment must be proven with concrete evidence, and mere adverse outcomes do not imply failure of care.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.