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A. P. SAHI, BHARATKUMAR PANDYA
Kanwalpreet Kaur – Appellant
Versus
Dayanand Medical College – Respondent
ORDER
A.P. Sahi, President.—These Appeals arise out of a 142 paragraph order of the State Commission, Punjab dated 31.08.2018 running into 123 pages with more than a 1000 pages of pleadings, evidence, applications, affidavits and orders. The volume of the pleadings is obvious on account of the nature of the complaint of an alleged medical negligence that took the shape of CC No. 10 of 2015 filed by Dr. Kanwalpreet Kaur, herself a Dentist, who has described and narrated her experience of a facial surgery undergone by her, which according to her was unnecessary and was performed in haste, treating it to be malignant, whereas according to her and the evidence relied upon by her, the surgery was based on absolutely infirm prognosis and an unconfirmed diagnosis of malignancy that was later on found to be just the opposite. The complaint was filed by her, alleging negligence against the Pathologists who conducted the pre-operative, pathological tests, the haste with which the surgeons performed the surgery and the consequences which she had to face that has transformed her life into a permanent trauma.
2. The State Commission after having perused the pleadings and assessed the evidence f
(1) Liability of Insurance Company – Liability of Insurance Companies is strictly confined to the pecuniary limits and terms of the professional indemnity policies held by the doctors/hospital.(2) Fa....
(1) Standard of Proof & Parallel Proceedings – Although civil cases are decided on a “preponderance of probability” (unlike the criminal “beyond reasonable doubt”), findings in a criminal trial that ....
1) A simple lack of care, error of judgment or accident, is not proof of negligence on part of a medical professional. So long as a doctor follows a practice acceptable to the medal profession of tha....
1) Pertinent to mention here that complainant never claimed for any expert’s opinion in dealing with the negligence in his medical treatment.2) In Kusum Sharama and others Vs. Batra Hospital and Medi....
Medical professionals must adhere to established standards of practice; failing to do so constitutes negligence, justifying compensation to affected patients.
(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....
Negligence – Negligence cannot be ruled out and the preponderance of probabilities given the circumstances aforesaid lead to the conclusion that the Appellant was negligent in discharging the profess....
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