J. RAJENDRA
Aman Hospital – Appellant
Versus
Amarjit Kaur – Respondent
ORDER
This Revision Petition is filed under section 21(b) of the Consumer Protection Act, 1986 (the “Act”) against the Order dated 14.07.2017, passed by State Consumer Disputes Redressal Commission, Punjab (‘State Commission’) in FA No. 181/2016 vide which the OP appeal was dismissed upholding the District Consumer Disputes Redressal Forum, Hoshiarpur (‘District Forum’) order dated 02.02.2016 in CC No 07/2015.
2. As per report of the Registry, there is a delay of 16 days in filing the present Petition. For the reasons mentioned in IA/18698/2017, the same is condoned in the interest of justice.
3. For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.
4. Brief facts of the case, as per the complainant, are that she had met with an accident on 29.06.2014 and was treated at OP-1 hospital from 29.06.2014 to 03.07.2014. During the treatment, OP-1 operated her left leg by affixing a shaft/nail/rod in her tibia and charged Rs.25,000/- for the procedure. Despite follow-up visits and medication, she experienced severe pain in her left leg. Upon seeking a second opinion, an X-ray revealed that a larger-than-required rod had been affix
Rubi (Chandra) Dutta vs. United India Insurance Co. Ltd.
C.P. Sreekumar (Dr.) MS (Ortho) vs. S Ramanujam (2009) 7 SCC 130. (Para 12)
(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....
The court upheld that medical negligence claims must be substantiated with expert evidence, and standard surgical practices cannot be deemed negligent without such proof.
(1) Duty of care – The duty of care implies that the doctor must exercise reasonable skill and care, adhering to the standards expected of a medical professional in similar circumstances.(2) Breach –....
Revisional jurisdiction - Only in a case where it is found that the State Commission has exercised its jurisdiction not vested in it by law, or has failed to exercise the jurisdiction so vested illeg....
National Commission - The revisional jurisdiction of the National Commission under Section 21(b) of the said Act is extremely limited.
“Medical negligence cases need expeditious disposal of matter in the interest of justice.”
Healthcare providers must adhere to the standard of care associated with their qualifications, reinforcing medical negligence principles.
Medical professionals must adhere to established standards of practice; failing to do so constitutes negligence, justifying compensation to affected patients.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.