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DEVAN M. DESAI
Sheth Vadilal Sarabhai Generalhospital & Chinai Maternity – Appellant
Versus
Raaman Apukuttan – Respondent
JUDGMENT :
1. This is an appeal filed under Section 96 of the Code of Civil Procedure, 1908 challenging the Judgment and Decree passed by the learned City Civil Court, Ahmedabad in Civil Suit No.4329 of 1991 on 30.11.2005
2. Heard the learned advocates for the respective parties.
3. The challenge is made against the Judgment and Decree passed by the learned City Civil Court, Ahmedabad in Civil Suit No.4329 of 1991 on 30.11.2005, wherein the suit of the plaintiff was partly allowed and the defendants-present appellants are directed to pay Rs.77,000-00/- with interest @ 9 per cent from the date of filing of the suit till realization to the plaintiffs-respondents.
4. The brief facts of the case are that the plaintiffs- respondents filed a Civil Suit claiming Rs.90,000-00/- as damages with 18% interest from the defendants-plaintiffs on the ground of medical negligence being committed by the doctors of the defendant No.1. The wife of the plaintiff No.1 Bharti Sarswati Appukuputtan consumed acid and was taken to defendant No.1 i.e. Hospital on 06.08.1990 at 4:00 p.m. On 09.08.1990 at around 3:00 p.m., the wife of plaintiff No.1 was started with blood transfusion treatment and after completin
The main legal point established in the judgment is the requirement for sufficient medical evidence to establish medical negligence and the duty of care owed by medical professionals to their patient....
(1) Failure of duty of care - It was the duty of treating doctors to rule out the cause of Subarachnoid hemorrhage due to aneurysm. But in the instant case, the patient was discharged within short pe....
(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....
To establish medical negligence, a complainant must prove a breach of duty by the medical professional, accompanied by cogent evidence. Vague allegations are insufficient.
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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