BINOY KUMAR
Haridasan Pillai – Appellant
Versus
Nuclear Power Corporation of India – Respondent
ORDER
This First Appeal has been filed by the Appellants - Haridasan Pillai & his wife - Chandrika H. Pillai (in short, the “Complainants”) against the Respondents – Tarapur Atomic Power Station Hospital (TAPS Hospital), its Medical Superintendent and two Doctors (in short, the Opposite Parties Nos. 1 to 4 respectively), challenging the impugned Order dated 23.06.2014 passed by the Maharashtra, State Consumer Disputes Redressal Commission, Mumbai (in short, the “State Commission”) in CC/99/455, whereby the Complaint filed by the Complainants was dismissed.
2. The brief facts of the case are that on the complaint of high fever of their only son – Master Harish (since deceased) (in short, the “patient”), his parents / Complainants, on 12.07.1998 at 8.15pm, got him admitted in TAPS Hospital - Opposite Party No. 1, under C.H.S. facility, where he was checked by the duty doctor and blood and urine samples taken for investigation. It was alleged that noticing no improvement, the Complainants kept requesting Dr. Sachdev – the Opposite Party No. 3 as well as the Hospital Superintendent – the Opposite Party No. 2 to refer the patient to BARC Trombay Hospital, but it was refused, even though t
Arun Kumar Manglik vs. Chirayu Health and Medicare Pvt. Ltd. and Anr., (2019) 7 SCC 401
Maharaja Agrasen Hospital and Ors. vs. Master Rishabh Sharma and Ors., (2020) 6 SCC 501
The real charge of medical negligence stems from the failure of hospital to regularly monitor blood parameters of patient during the course of the day.
(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 ....
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.
(1) Medical negligence – Simple lack of care, an error of judgment or an accident, is not a proof of negligence on the part of a medical professional.(2) Medical negligence – Doctors are expected to ....
(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.
Medical negligence – Treating Doctor must show utmost care while handling critical patients.
Protection of Life – OPs failed to bring on record that inherent infrastructure and expertise to protect the life of deceased who was admitted.
Medical Negligence – Medical practitioner is not to be held liable simply because things went wrong from mischance or misadventure or through an error of judgment in choosing one reasonable course of....
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