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SUBHASH CHANDRA, SADHNA SHANKER
Head of the Department, Institute of Human Behaviour & Allied Sciences – Appellant
Versus
Munni – Respondent
ORDER
Dr. Sadhna Shanker, Member.—This appeal has been filed under section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) in challenge to the Order dated 11.02.2013 of the State Commission in complaint No.253 of 2008 whereby the complaint was partly allowed.
2. We have heard the learned counsel for the appellant (hereinafter referred to as the ‘hospital’) and the learned counsel for the respondent No.1 (hereinafter referred to as the ‘complainant’) and perused the record, including inter alia the impugned order dated 11.02.2013 and the memorandum of appeal.
None is present for respondent No.2-Dr. Brijesh.
3. The brief facts of the case are that on 12.07.2008, the complainant took her daughter, namely, Neeru, (hereinafter referred to as the ‘patient’) aged about 17 years to the hospital for treatment as her daughter was suffering from fits continuously. The doctors at the hospital decided to conduct MRI test. It is alleged that at the time of MRI test of the patient, the concerned doctors of the hospital had given two injections in the left hand of the patient and immediately after the injection, the left hand had started getting blue and within momen
Medical Negligence – Amputation of four fingers of left due to wrong injections & swelling – Patient had taken treatment from another hospital – Medical negligence not proved.
Medical Negligence – Negligence alleged should be so glaring, in which event principle of res ipsa loquitur could be made applicable & not based on perception.
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 ....
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....
Compensation for foot drop due to neural injury upheld.”
Medical records - Medical records not only serve as necessary documents for apt management of a patient, they are also legal documents.
Principle of res ipsa loquitur.
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