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A. P. SAHI
Sun-Rise Hospital – Appellant
Versus
P. K. Menon – Respondent
ORDER
The Hospital and its Managing Director Dr. Hafees Rahman Padayath, the surgeon, who performed the surgery, have come up in appeal assailing the order dated 31.10.2018 of the Kerala State Consumer Disputes Redressal Commission at Thiruvananthapuram (hereinafter referred to as the State Commission), wherein, finding negligence against the appellants for the death of Mrs. Vinitha Naveen on whom surgery was performed, the State Commission has imposed a compensation of Rs.33,16,000/- with interest @ 8% and costs of Rs.1,00,000/-. The appellant no.2/Doctor has also been called upon to pay a sum of Rs.5,00,000/- as compensation out of the amount awarded and the hospital has been directed to pay the rest of the awarded compensation.
2. The entire event of the alleged medical negligence is spread over between 28.05.2010 till 31.05.2010. The surgery was for a complaint for removal of Ovarian Cysts and adinomiosis of the uterus which late Mrs. Vinitha Naveen was advised to undergo through a laparoscopic operation. The appellant no.2 is the surgeon who conducted the surgery on 28.05.2010 in his hospital (the appellant no.1). According to the respondents/complainants, the deceased faced c
Negligence – Negligence therefore in the opinion of the Commission has been rightly assessed by the State Commission as it falls short of the expected skills and expertise of the Opposite party No.2 ....
(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....
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 ....
Negligence in medical treatment must be proven with concrete evidence, and mere adverse outcomes do not imply failure of care.
(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....
(1) Negligence : Essential components of negligence are three. “duty”, “breach” & “resulting damage” .(2) Medical Negligence : Simple lack of care, an error of judgment or an accident is not proof of....
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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