STATE CONSUMER DISPUTES REDRESSAL COMMISSION, WEST BENGAL ORDER DATED: 18th May, 2018 Doctors or hospitals not presenting a defence when facing a case of medical negligence invariably draws inference by the courts that they are negligent. A doctor and the hospital were dragged to State Consumer Disputes Redressal Commission, West Bengal by the patient. It…

HARISH KUMAR CHADHA V. INDRAPRASTHA APOLLO HOSPITALS & ORS. (FIRST APPEAL NO. 623/2011) ORDER DATED: 9.04.2018 The State Consumer Disputes Redressal Commission has ordered Indraprastha Apollo Hospitals, Sarita Vihar to pay compensation of Rs. 5 lakhs to the family of a deceased patient. The hospital has been accused of transfusing blood to the patient when…

MEDICAL SUPRINTENDENT LOK NAYAK JAI PRAKASH NARAIN HOSPITAL & ORS. V/S. K.M. SANTOSH. (FIRST APPEAL NO. 244/2008) ORDER DATED: 14.03.2016 BRIEF FACTS: The Complainant, who is the father of a minor girl aged 11 years filed a Complaint before the State Commission, seeking a compensation of Rs. 10,00,000, on account of the medical negligence. He…

The few bad peas spoil the entire pod, as this case evidently shows. Dinesh had approached Dr. Geeta with complain of severe pain in the right buttock. The doctor diagnosed cellulitis and prescribed medicines but to no avail. Dinesh visited the doctor again who kept him hospitalized for six days. This is where the problems began, both for Dr. Geeta and Dinesh. While Dinesh claimed that the doctor gave an estimate…

ORDER DATED: 25.02.2019 Holding that a case of the wrong diagnosis cannot be equated to medical negligence, the Supreme Court has recently upheld the decision of National Consumer Disputes Redressal Commission for quashing the State Commission’s decision of holding a doctor and hospital guilty for alleged medical negligence. The Supreme Court also exonerated the doctor…

SURYA KANT v. BRAHMSHAKTI SANJIVANI HOSPITAL (NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, REVISION PETITION NO. 1776 OF 2017) ORDER DATED: 13.11.2018 All advertisements made by hospitals/doctors need to carry complete details and cannot be arbitrary. The courts do not take such instances lightly, and this case is an excellent example of the fact. FACTS: Surya Kant…

CASE LAW: EVIDENTIARY VALUE OF ENQUIRY

  • December 18, 2020
  • Amandeep Kaur

DR. ANIL JAIN & ANR. V. DEVENDRA KUMAR (NHRDC-REVISION PETITION NO. 1691 OF 2012)       ORDER DATED: 10.10.2012 FACTS: On 13.6.2006 the Complainant’s deceased wife Urmila Rani was admitted in civil hospital, Ambala City at about 2.10. p.m. complaining of pain in her abdomen and umbilical hernia.  Dr. Anil Jain examined her and informed Mr….

FACTS: The deceased patient Mr. Satinder Pal Singh, weighing 95 kg, height 5.10, having history of high BP and Diabetics was advised for Metabolic Surgery by the Opponents. On 05.11.2013, the Gastric By-pass surgery was performed. However after discharge, the Patient was feeling uneasy. The Opponents did the check-up and assured that everything will be…

ORDER DATED: 9.02.2016 FACTS: The father of the Complainant who was suffering from past bilateral Centrilobulor Emphysemtous in the form of Hyperinflated lung with flattening of lobbes was admitted in the Hospital on 19.11.2012. He was put on ventilator, however, he expired on 21.11.2012. The Complaint was filed before the Commission claiming compensation of Rs….