National Consumer Commission Holds Janak Surgicare Liable For Deficiency In Service For Causing The Death Of A Patient During A Surgical Procedure
9 months, 2 weeks ago

National Consumer Commission Holds Janak Surgicare Liable For Deficiency In Service For Causing The Death Of A Patient During A Surgical Procedure

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee, held that although medical professionals are not required to maintain the utmost skill levels at all times, they are still required to offer a reasonable standard of skill and care. Contentions of the Complainant The complainant's wife sought medical attention at Janak Surgicare Hospital and was examined by Dr. Janak Raj Arora, who diagnosed her with Ch. Observations by the Commission The commission observed that the primary issue is centered on whether the allegations of medical negligence and deficiency in service leading to the death of the patient are established. The main question is whether the portal vein injury was a known complication of the surgery, adequately explained to the patient beforehand, or if it was a deviation from standard medical care, resulting in medical negligence and, ultimately, her death.

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History of this topic

Medical Negligence: NCDRC Holds Doctors Of Fortis Hospital Liable
2 weeks ago

Medical Negligence: NCDRC Holds Doctors Of Fortis Hospital Liable

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra in an appeal by Fortis Hospital held that expert evidence in medical negligence cases should be judged on a case by case basis, placing the onus on the hospital to dispute allegations of negligence. Key elements are duty, breach, and damage.The Hon'ble Supreme Court in V. Kishan Rao vs. …

Death due to medical negligence: Kotkapura doctor, hospital told to pay ₹1 lakh compensation
3 weeks, 5 days ago

Death due to medical negligence: Kotkapura doctor, hospital told to pay ₹1 lakh compensation

Hindustan Times  

The district consumer disputes redressal commission in Faridkot has directed a Kotkapura-based doctor to pay ₹1 lakh compensation to a resident for medical negligence that led to his mother’s death. Kanwarmanjit Singh of Faridkot had filed a complaint against Dr Tony Kataria and Kataria Hospital, seeking ₹ 19 lakh compensation for medical negligence leading to the death of his 75-year-old …

Forum orders Vasavi Hospital, two doctors to pay Rs 10 lakh for negligence
1 month, 1 week ago

Forum orders Vasavi Hospital, two doctors to pay Rs 10 lakh for negligence

New Indian Express  

HYDERABAD: The District Consumer Disputes Redressal Commission-II, Hyderabad, has directed Vasavi Medical & Research Centre, Lakdikapul and two doctors to jointly pay Rs 10 lakh compensation for negligence in treating the complainant’s mother, who died of cardiac arrest. After performing an angiogram, the doctors informed Rajesh that his mother had two blockages in the heart and advised insertion of stents. …

Doctors of private hospital in Ghaziabad booked for negligence over death of 21-year-old woman
5 months, 1 week ago

Doctors of private hospital in Ghaziabad booked for negligence over death of 21-year-old woman

Hindustan Times  

The Ghaziabad police have booked several doctors of a private hospital for alleged negligence after a a 21-year-old woman patient died at the hospital in October 2023. t has come to fore that they performed a surgery which was not required and this led to her death, said police. Senior officers said they registered an FIR under Indian Penal Code …

Not Every Death In Hospital Indicates Medical Negligence Unless Proven Otherwise: NCDRC
6 months, 2 weeks ago

Not Every Death In Hospital Indicates Medical Negligence Unless Proven Otherwise: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that not every death occurring in a hospital setting can automatically be considered medical negligence based on an assumption of inadequate medical care. The complainants claimed that the doctor's failure to conduct a biopsy and refer her to a cancer specialist constituted medical negligence. Observations by the National …

Improper Oxygen Supply: NCDRC Upholds Liability Of Global Hospital For Negligence And Deficiency In Service
1 year, 5 months ago

Improper Oxygen Supply: NCDRC Upholds Liability Of Global Hospital For Negligence And Deficiency In Service

Live Law  

The NCDRC disposed of the appeals and upheld the Telangana State Consumer Commission’s order. The Commission held that the Global Hospital is liable for negligence and deficiency in service due to improper oxygen supply to the patient during the surgery. The Hospital had filed the appeal for setting aside the order of the State Consumer Commission whereas the Complainants had …

Doctors Cannot Be Held Liable For Medical Negligence Merely Because They Could Not Save The Patient : Supreme Court
2 years, 8 months ago

Doctors Cannot Be Held Liable For Medical Negligence Merely Because They Could Not Save The Patient : Supreme Court

Live Law  

The Supreme Court observed that merely because doctors could not save the patient, he/she cannot be held liable for medical negligence. "The doctors are expected to take reasonable care, but no professional can assure that the patient will come back home after overcoming the crisis" the bench comprising Justices Ajay Rastogi and Abhay S. Oka observed.The court added that the …

Doctor can’t be held guilty of negligence just because a patient died: Supreme Court
3 years, 1 month ago

Doctor can’t be held guilty of negligence just because a patient died: Supreme Court

Hindustan Times  

No doctor can assure life to his patient but can only attempt to treat everyone to the best of his or her abilities, said the Supreme Court on Tuesday, as it underscored that a doctor cannot be held guilty of medical negligence just because a patient has not survived. The bench added: “In spite of the treatment, if the patient …

Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery: Supreme Court
3 years, 4 months ago

Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery: Supreme Court

Live Law  

The Supreme Court observed that a medical professional cannot be held negligent merely because the treatment is not successful or the patient dies during surgery.To indicate negligence, the bench of Justices Hemant Gupta and AS Bopanna said, there should be material available on record or else appropriate medical evidence should be tendered. The Supreme Court observed that a medical professional …

Hospital told to pay ₹10 lakh to victim’s kin
5 years, 5 months ago

Hospital told to pay ₹10 lakh to victim’s kin

The Hindu  

Following an appeal moved at the State Consumer Disputes Redressal Forum seeking enhancement of compensation for medical negligence by Indraprastha Apollo Hospital, the State Commission has modified the district forum order and directed the hospital to pay the complainant ₹10 lakh. The directions came when a city resident approached the consumer panel seeking enhancement of compensation of ₹1 lakh that …

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