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2002 Supreme(J&K) 209

S.K.GUPTA, T.S.DOABIA
Satya Atri (Dr. ) – Appellant
Versus
Shashi Sharma – Respondent


Advocates Appeared:
Advocate For Appellant: L.K. Sharma
Advocate For Appellant: V.B. Gupta
Advocate For Respondent: Abhinav Sharma

Tejinder Singh Doabia, J.-The proverbial "needle of suspicion" in this case ultimately turned out to be a curbed foreign body which stood lodged in the system of the respondent. She had undergone a caesarean operation on 1st October, 1998. Thereafter she complained of pain. She was examined by the appellant-doctor. It was noticed that respondent was complaining of pain and irritation in the lower abdominal region which was described as vague. The respondent got herself X-rayed, Ultra-Sound and CT Scanning was also got done. It was found that a foreign body stood lodged in her system. This foreign body stands removed. It is for this, the damages were claimed. The damages have been allowed. Appellants in these appeals seek reversal of the order passed by the State Commission.

"A person who holds himself out as ready to give medical advice or treatment impliedly undertakes that he is possessed of skill and knowledge for the purpose. Whether or not he is a registered medical practitioner, such a person who is consulted by a patient owes him certain duties, namely a duty of care. In deciding whether to undertake the case; a ˜duty of care in deciding what treatment to give, a duty of care






















































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