A. P. SAHI, BHARATKUMAR PANDYA
Sarla Devi – Appellant
Versus
Northern Railway Central Hospital – Respondent
ORDER
Bharatkumar Pandya. Member.—The present complaint has been filed by the complainant Sarla Devi against the opposite parties - hospitals and their doctors alleging medical negligence, whereby daughter of the complainant lost her life on account of negligence and deficiency in the treatment.
2. The brief facts of the case, as stated in the complaint, are as under:—
2.1 Ms. Monika Singh, D/o the complainant was taken to OP-1 Railway hospital in the intervening night of 21.07.2015 (12 AM) with complaint of severe abdominal pain and vomiting since 5 PM. She was immediately examined by the casualty medical officer on duty and presumably on the basis of earlier Ultra Sound (USD) report dated 14.05.2015 shown by her relatives, patient was given few injections and after recommending few tests, complainant was asked to get her examined in Surgical OPD on tentative diagnosis to be that of Appendicitis. In the morning of 22.07.2015 at around 9.45 AM, the patient was again brought to Surgical OPD and was examined by the doctors. After examining, the doctor asked the brother of the patient to take her home but as she was not well and was still in pain, her relatives requested the doctors
(1) Definition of Negligence – Following the Jacob Mathew and Kusum Sharma precedents, negligence is defined as a breach of duty through omission or commission that a “reasonably competent” professio....
(1) Medical Board Report - Looking to the Medical Board Report, entire record, Bed Head Ticket of the patient, Commission was of the view that, the patient was given proper care, timely and possible ....
(1) Pancreatitis – Pancreatitis could be detected only much later but OPs cannot be held responsible.(2) Negligence – The patient’s treatment was based on from OP No.3, which further underscores negl....
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 Negligence – Patients go to hospitals of Super Speciality on the names of specialist doctors & not on the names of junior doctors – Hospital charges for the specialist doctors.
(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.
Standard care - It should be borne in mind that the type of medical service offered, the practitioner’s expertise, training, and experience, and even the location where the treatment took place may a....
(1) Negligence : Essential components of negligence are three. “duty”, “breach” & “resulting damage” .(2) Medical Negligence : Simple lack of care, an error of judgment or an accident is not proof of....
Medical negligence – Principle of Res Ipsa Loquitur get attracted where circumstances strongly suggest partaking in negligent behaviour by person against whom accusation of negligence is made.
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