Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Prema – Appellant
Versus
Dakshinamurthy – Respondent
| Table of Content |
|---|
| 1. case background and procedural history. (Para 1 , 2 , 3 , 7 , 8) |
| 2. plaintiffs allege medical negligence in delivery. (Para 4) |
| 3. defendants deny negligence and liability. (Para 5 , 6) |
| 4. high court jurisdiction limited to substantial questions of law. (Para 9 , 10 , 11 , 12) |
| 5. defendants argue no negligence; cite bolam test. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 6. state hospitals must ensure doctors for maternal care. (Para 19 , 20 , 21) |
| 7. institutional lapse from absent doctor and unattended patient. (Para 22 , 23) |
JUDGMENT :
K. Murali Shankar, J.
1.These Second Appeals are directed against the judgment and decree made in A.S.No.124 of 2018, dated 12.01.2022, on the file of the Additional District Court (Fast Track Court), Kumbakonam, confirming the judgment and decree, passed in O.S.No.166 of 2012, dated 26.02.2016, on the file of the Additional Subordinate Court, Kumbakonam.
2. The appellants in S.A.(MD)No.496 of 2022 are the defendants 1 and 2 and the appellant in S.A.(MD)No.737 of 2024 is the fourth defendant. The respondents as plaintiffs filed a suit in O.S.No.166 of 2012, before the Subordinate Court, Kumbakonam claiming compensation of Rs.5,00,000/- for the death
Absence of doctor in government Primary Health Centre during labour, coupled with nurses leaving patient unattended before delayed referral, constitutes institutional negligence violating right to li....
Point of Law : Under the public law remedy as a palliative measure, Court may award appropriate compensation and that the compensation awarded will be in addition to the claim for damages or compensa....
The deceased Radha died due to the carelessness and negligence of the doctors of the defendants' hospital in providing proper and adequate treatment to her during her hospitalisation for sterilisatio....
The main legal point established in the judgment is the requirement of expert medical opinion in cases of alleged medical negligence and the need for a high degree of negligence to establish criminal....
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.
To prove medical negligence, the claimant must show a breach of duty causing harm, supported by cogent evidence. The standard of care equates to the competency expected from an ordinary practitioner.
The right to health is integral to the right to life under Article 21, necessitating timely and adequate medical care, which was grossly violated in the case of the deceased, leading to her avoidable....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
