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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
DEVASHIS BARUAH
Thejangulie – Appellant
Versus
Christian Institute Of Health Sciences And Research(Cihsr) – Respondent
| Table of Content |
|---|
| 1. citizens' rights concerning medical treatment. (Para 1 , 2 , 3) |
| 2. petitioners' claims of negligence and requests for emergency treatment. (Para 4 , 5) |
| 3. court's analysis of the best interest of the child regarding treatment. (Para 6 , 24 , 27) |
| 4. denial of negligence claims without medical evidence. (Para 38 , 39 , 40) |
| 5. directions for care and treatment of the child. (Para 42 , 43) |
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Ms. Barbara Nunes as well as Mr. Thejangulie, the present Petitioners, who are present in person during the course of the hearing. I have also heard Mr. K.N. Balgopal, the learned Advocate General, Nagaland assisted by Ms. V. Suokhrie, the learned Additional Advocate General, Nagaland appearing on behalf of the State of Nagaland and Mr. S. Abraham, the learned counsel appearing on behalf of the Respondent No. 1.
2. The Petitioner No. 1 is a citizen of India whereas the Petitioner No. 2 is a citizen of Portugal. Both the Petitioners claim that they are married to each other.
The Respondent No. 1 claims it to be a Hospital which was set up for the benefit of needy. The Respondent No. 1’s Hospital is set up in a plot of land leased out by the Stat
The right to health is part of the right to life under Article 21, obligating the State and hospitals to provide necessary medical care without discrimination, while medical negligence claims must be....
Healthcare providers must adhere to the standard of care associated with their qualifications, reinforcing medical negligence principles.
The obligation of the State to provide adequate medical services to the people, as established in Pt. Parmanand Katara v. Union of India and Paschim Banga Khet Mazdoor Samity v. State of West Bengal,....
The main legal point established in the judgment is the distinction between negligence in medical procedures and negligence in providing post-procedure care, leading to the award of compensation.
Shifting of patient – it is proved beyond doubt that it was not the Complainant’s decision of shifting the patient but the Appellant and the Opposite Party No. 2 Hospital referred the patient to any ....
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