MEENA RAMANATHAN, V. V. SESHUBABU
S. Ram Gopal – Appellant
Versus
Boosa Mallaiah – Respondent
ORDER
Meena Ramanathan, i/c President.—The appeal is filed u/s 15 of Consumer Protection Act, 1986 by the Opposite Party, aggrieved by the order of District Consumer Commission, Karimnagar, dated 25.10.2019 in CC 204/2006, where under the opposite party was directed to pay Rs.5,00,000/- towards compensation with interest @ 9% per annum from the date of complaint till realization and costs of Rs.5,000/- within one month from the date of receipt of the order.
2. The brief averments of the complaint in CC 204/2006 are that the opposite party is running the hospital by name “Seva Sankalp Kidney” Hospital, Karimnagar and on 04.11.2004 due to stomach pain, the complainant went there; that after conducting medical tests, he was advised to undergo removal of kidney stones. On 05.11.2004, the complainant deposited Rs.6,000/- and on the same day operation was conducted; that the wife of the complainant was informed by the opposite party that some mistake has occurred in performing the operation and so advised to shift the patient (complainant) to Hyderabad to save the life and immediately, the complainant was shifted to NIMS, Hyderabad, where he was operated upon 08.11.2014 and discharged on
Medical Negligence – Deficiency in service – Removal of kidney when procedure was only for removal of kidney stone – Doctor not qualified – Compensation.
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....
Negligence in medical treatment must be proven with concrete evidence, and mere adverse outcomes do not imply failure of care.
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.
Medical negligence – Negligence cannot be attributed to a Doctor so long as he performs his duties with reasonable skill and competence.
Medical Negligence – Negligence alleged should be so glaring, in which event principle of res ipsa loquitur could be made applicable & not based on perception.
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