MEENA RAMANATHAN, V. V. SESHUBABU
Thumu Latha – Appellant
Versus
Prathima Institute of Medical Sciences – Respondent
ORDER
Meena Ramanathan, In-Charge President.—This appeal is filed by the Appellant/Complainant under Section 15 of Consumer Protection Act, 1986 against the order passed in CC.No.113 of 2008 dated 26.04.2019 on the file of District Consumer Commission, Karimnagar.
2. For the sake of convenience, the parties are referred to as arrayed in the complaint.
3. The brief facts of the complaint are that – the Complainant Smt.Thumu Latha, aged 38 years was suffering from back ache and approached NIMS, Hyderabad on 26.07.2006. After undergoing all the necessary tests, it was diagnosed as Renal Calculi Lt. PCNL to be done. However, she was instructed to return after 15 days but her pain was unbearable, therefore, she approached Opposite Party No.1 hospital on 24.08.2006. Operation was conducted on 26.08.2006 but despite undergoing the surgery, her pain and suffering continued and an X-Ray was conducted on 02.09.2006 which revealed a foreign body in her left kidney.
4. It is her case that during the course of the operation, Opposite Party No.2 and 3 have conducted the surgery negligently and her suffering and pain has been immense. She approached other doctors and underwent CT Scan of abdomen
Procedure – It is always necessary for the Urologist to check the endoscopic equipment at the end of the procedure.Foreign bodies – it is admitted that it broke and complete removal is imperative, as....
Medical Negligence – Deficiency in service – Removal of kidney when procedure was only for removal of kidney stone – Doctor not qualified – Compensation.
LAW POINT Medical Evidence – A mere averment in a Complaint by no stretch of imagination, be said to be evidence by which the case of the Complainant can be said to be proved. It is the obligation o....
(1) Foreign object – It is established by the Complainant that the foreign object viz. bolt and nut was left in the abdomen of the complainant negligently by OP-2 while performing the abdominal hyste....
The central legal point established in the judgment is the duty of care and skill required of a medical practitioner, the liability for negligence in diagnosis and treatment, and the significance of ....
Medical negligence – Negligence cannot be attributed to a Doctor so long as he performs his duties with reasonable skill and competence.
Negligence in medical treatment must be proven with concrete evidence, and mere adverse outcomes do not imply failure of care.
(1) Revision – A revision under Section 21(b) of the Act, 1986 confers very limited jurisdiction on this Commission. In the present case there are concurrent findings of the facts and scope for revis....
Medical negligence is defined by a breach of duty. Mere errors in judgment by medical professionals don't equate to negligence if they act within acceptable standards.
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