B. SUDHEENDRA KUMAR, AJITH KUMAR D., RADHAKRISHNAN K. R.
Akasa Pramod – Appellant
Versus
Rajeev – Respondent
JUDGMENT
Ajith Kumar D., Judicial Member—This is a complaint filed by the father of a minor child under Section 17 of the Consumer Protection Act against two doctors alleging medical negligence.
2. The allegations contained in the complaint in short is that on 05.04.2018 at about 10a.m. the minor daughter of the complainant by name Akasa Pramod aged two years suffering with intermittent fever was taken to Vijaya Hospital and consulted with the second opposite party, Dr. Muhammed Aslam in the paediatric unit of the hospital. The child had also a history of a fall five days back. The doctor after examination advised for blood test. After conducting the blood test, the doctor was again consulted and at that point of time the child was having slight fever and difficulty to move her head to one side. But the doctor opined that there is no problem to be anxious about and prescribed some ointment to apply on the neck and sent the child back .
3. The child was again brought to the residence of the doctor as the doctor had gone home for taking lunch. The doctor had examined and admitted the child in the hospital as the child was suffering with high fever. Ice was applied for reducing the te
(1) Medical Negligence – In a case of medical negligence, it is obligatory on the part of the complainants to examine an expert and adduce evidence regarding the procedure to be adopted in this case.....
Medical negligence is established when healthcare providers fail to adhere to the standard of care expected, leading to severe patient harm; such negligence allows for compensation under consumer pro....
Principle of res ipsa loquitur.
(1) MRI – Not ordering an MRI after a reasonable time of treatment is a clear case of deficiency of service and medical negligence on the part of the four Appellants.(2) Medical Negligence – Conducti....
(1) Non Supply of Medical Records – deficiency in service by the Opposite Parties is glaringly apparent with regard to non-supply of copies of the medical records, as sought for by the complainants.
“Hospital held vicariously liable for acts of it is doctors/staff for medical negligence.”
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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