Back
J. RAJENDRA, SUDHIR KUMAR JAIN
Vikramaditya Venishetty – Appellant
Versus
Anant E. Bagul – Respondent
ORDER
Sudhir Kumar Jain, Member—Briefly stated relevant facts of the case are that the complainant is a dentist by profession. The complainant developed Limb Girdle Muscular Dystrophy (LGMD) at the age of 20 years resulted in muscular wasting. The complainant in 2006 was diagnosed as suffering from LGMD at Nizam’s Institute of Medical Sciences, Hyderabad after investigations and a biopsy from his left thigh. The complainant was looking for a hospital for treatment and came across profile of the opposite no 2 where the opposite party no 1 was a consultant orthopaedic surgeon. The complainant in the year 2011 travelled to Pune to consult the opposite party no 1. The opposite party no 1 apprised the complainant about the procedure of stem cell therapy which would be of two types/methods. The first method was by administering four initial doses followed by two additional doses after six months and the second method was involving six consecutive doses and second dose was stated to be more effective. The opposite party no 1 specified to the complainant that each dose would be containing 30,00,000 stem cells which are injected intramuscularly using ultrafine needles with guaranteed outcome
Medical Negligence – Deterioration of condition of patient post-surgery is not necessarily suggestive of fact that surgery performed or treatment given to patient was not proper or inappropriate.
Medical negligence requires clear proof of duty breach causing injury; mere unfavorable outcomes do not imply negligence if standard practices are followed.
Negligence in treatment of Osteosarcoma, ruled out, since treatment plan was correct as per standard of practice.
Medical negligence – Negligence cannot be attributed to a Doctor so long as he performs his duties with reasonable skill and competence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
