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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, SWARUPAMA CHATURVEDI
Saurabh Singh – Appellant
Versus
Swaroop Rani Hospital – Respondent
| Table of Content |
|---|
| 1. necessity of additional parties in legal proceedings. (Para 1 , 2) |
| 2. implications of medical negligence leading to patient death. (Para 4 , 5) |
| 3. state's responsibility to improve medical protocols and prevent negligence. (Para 6 , 7) |
| 4. setting a future date for further hearings and necessary submissions. (Para 8) |
JUDGMENT :
2. It is contended by learned Additional Chief Standing Counsel that Swaroop Rani Hospital, Prayagraj is under the administration of Chief Medical Superintendent and hence in the given facts of the case, he is a necessary party.
4. Submission advanced on behalf of the petitioner is that the mother of petitioner namely, Urmila was admitted to the Swaroop Rani Hospital and after pathological test, her blood group was found to be 'O' positive regarding which a document has been brought on record at page no. 20 of the paper book. It is next submitted that she went under the surgery by the surgeon of the hospital, however, the blood that was transfused to her in the post surgery care, turned out to be 'AB' positive, which was a serious medical lapse on the part of the doctors/medical officers attending the patient. It is further contended that it is o
The state has a constitutional obligation under Article 21 to ensure the right to life is protected by maintaining standards in medical care.
The State is obligated to provide adequate medical facilities, and negligence in this regard, particularly during childbirth, can lead to liability for resulting harm or death, as demonstrated in thi....
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 real charge of medical negligence stems from the failure of hospital to regularly monitor blood parameters of patient during the course of the day.
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 ....
The main legal point established in the judgment is that even in the absence of medical negligence, compensation can be awarded for mishandling of human body parts during autopsy.
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