AICL Cases 2003
Negligence in treatment- 0.P.'s not vigilant while treating child when Bilirubin level of blood increasing -No pathological test: performed by Nursing Home –Phototherapy not done -O.Ps. failed to administer treatment according to code of conduct -Child became permanently disabled- Deficiency in service/negligence proved -O.Ps. liable to pay compensation with interest.
Rakesh Jain (Dr.) v. Rakesh Kumar Khare Madhya Pradesh S.C.D.R.C. 1(2003) CPJ:27.
Intramuscular injection administered intravenously, caused embolism of heart - Blood circulation to heart stopped -Patient died within few minutes -Negligence proved -Absence of evidence to contradict expert professional opinion- Respondents liable to pay compensation with interest @ 12%.
Sham lal (Dr.) v. Saroj Rani National C.D.R.C. 1(2003) CPJ:47.
Gall bladder Surgery:
Presence of cancerous cells in Gall Bladder not detected while removing Gall Stones -All relevant tests done before conducting operation -No symptoms of cancerous cells shown in or around Gall Bladder areas -All reasonable care and caution taken while conducting operation -No negligence/ deficiency in service proved -Complaint rightly dismissed by Forum.
Behal Hospital and Medical Research Centre v. Sahi Ram Rajasthan S.C.D.R.C. 1(2003) CPJ:14.
Patient suffering from acute and severe dehydration unduly detained in Nursing Home, without giving least medical services -O.P. left for Jodhpur without making arrangement for treatment during his absence -Culpable negligence coupled with greed for more money proved -OP. liable to pay compensation of Rs. 3 lakhs.
Birdhi Chand Meena v. Dr. Prabhakar Sethi Rajasthan S.C.D.R.C. 1(2003) CPJ:45.
Gall bladder Surgery:
Patient operated for gall bladder stones in Nursing Home, health deteriorated, resulted death -No negligence, breach of duty on part of doctor proved -Majority judgment of State Commission awarding compensation set aside -Dissenting order of President upheld.
Devendra Madan (Dr.) v. Shakuntala Devi National C.D.R.C. 1(2003)CPJ:57.
Deficiency in Service:
Sponge left inside the body after operation -Allegation proved by ultrasound report- Deficiency in service proved -O.P. liable to pay compensation of Rs. 1,00,000/- Compensation reduced to Rs. 50,000/- in appeal.
Aruna Mani Misra v. Smt. Bhagwati Uttar Pradesh S.C.D.R.C. 1(2003) CPJ:69.
Amikacin 500 mg. prescribed twice a day for 10 days -Patient already taken this injection for 4 days -Dosage not modulated on well-established parameters - Audiogram not done before, during or after treatment -Negligence on part of O.P. resulted complete deafness of complainant -Complainant entitled to compensation with interest @ 12% p.a. -Compensation towards mental agony and cost awarded.
Mohd. lshfaq v. Dr. Martin D'Souza National C.D.R.C. 1(2003) CPJ:116.
Negligence in treatment -Alleged, loss of sensation due to tight plaster of Paris, caused infection, amputation of leg -Compensation claimed -Allegation denied by O.P., complainant left the clinic after first aid, leg not plastered by O.P. -Burden of proof lies on complainant - Absence of proof to prove negligence -Complainant not entitled to compensation - Complaint dismissed.
Miss Soni Kumari (Minor) v. Dr. Nagendra Narain Bhagat Bihar S.C.D.R.C. 1(2003) CPJ:196.
Tubectomy operation failure:
Tubectomy operation failure -Complainant conceived again -District Forum held, deficiency in service proved, awarded compensation -Order set aside in appeal -Hence revision -Absence of expert evidence -No interference required in revision.
Shikha v. Dr. Ashoka Jindal National C.D.R.C. 1(2003) CPJ:239.
Compensation for Breach of Duty to Maintain Confidentiality and Consequential Discrimination, Loss in Earnings and Social Ostracism: Whether Person Suffering from HIV positive status tries contracting Marriage with willing partner after disclosing facts of disease to that partner will be committing Offence under Sections 269 and 270, IPC Court. Rested its decision that it was open to Hospital or Doctor concerned to reveal such Information to Persons Related to Girl whom he intended to Marry and she had right to know about HIV positive Status of Appellant, Appellant's right not Affected in any Manner in Revealing HIV positive status to relatives of his fiancée.
Mr. "X" v. Hospital "Z" (Supreme Court of India) (SC) 1(2003) CPJ:14
Negligence - Complications developed due to wrong fixing of clip -Wrong clipping detected within 6-7 months, surgical exploration for removal of clip not resorted by complainant -Equal negligence on complainant part -Complainant not entitled to huge compensation claimed -Compensation of Rs. 1 lac granted.
R.V Rao (Dr.) v. Y.R. Krishna (Dr.) Madhya Pradesh S.C.D.R.C. 1(2003) CPJ:210.
Hospital vicariously liable for negligence of consultants’ doctors.
Neha Kumari v. Apollo Hospitals National C.D.R.C. 1(2003) CPJ:145.
No Fees: No consideration therefore not a consumer:
Negligence in attending patient at HAL Hospital, a Government undertaking, not meant for treating major illnesses- Patient referred to Medical College -No consideration charged -No deficiency in service -Complaint dismissed.
Vinod Kumari Srivastava v. Hindustan Aeronautics Ltd. Uttar Pradesh S.C.D.R.C. 1(2003) CPJ:246.
Renal stones Surgery:
Negligence in surgery -Absence of expert opinion -Commission cannot constitute itself to expert body and contradict statement of doctor -Stone existed in kidney even after surgery not proved - No case of negligence made out -Complaint dismissed.
Dr. Harkanwaljit Singh Saini v. Gurbax Singh National C.D.R.C. 1(2003) CPJ:153.
Orthopaedic: Time Barred:
Negligence in surgery - Alleged, rod fitted inappropriately at wrong level which resulted non-functioning of lower limbs -Allegation not proved -Complainant suffered from complex birth defects of spine and whole body, evident from pre-operative CT Scan -Doctor's negligence not proved - Complaint time barred -Dismissed.
Neha Kumari v. Apollo Hospitals National C.D.R.C. 1(2003) CPJ:145.
Negligence alleged, wrong diagnosis and medication caused subsequent medical complications -Complainant already on Anti TB Treatment -Negligence in diagnosis or treatment not proved –Complainant failed to establish allegations -Complaint dismissed.
Sukhchain Singh v. Chandigarh Administration Through Secretary Health Chandigarh C.D.R.C. 1(2003) CPJ:262.
Failure to detect twin babies on USG: - Failure to detect twin babies in womb -Ultrasonography test wrong -Complainant prevented from taking extra care -Deficiency in service proved –OP s liable to pay compensation.
Krishna Moni Tewari (Ms.) v. Dr. Mrs. Gouri Bandyopadhyay West Bengal S.C.D.R.C. 1(2003) CPJ:286.
Careless and negligent diagnosis: Treatment delayed -Burden of proving negligence/ deficiency in service lies on person who asserts it -Complainant failed to discharge the burden -Deviation from normal professional practice not necessarily evidence of negligence in all cases -Advice tendered on basis of biopsy report- Reasonable standard of care and competence expected from medical practitioner -Doctor not negligent only because something went wrong - Prescribed procedure in diagnosing ailment and following line of treatment followed -No negligence/ deficiency in service proved -Complaint dismissed.
Jai Prakash Saini v. Rajiv Gandhi Cancer Institute and Research Centre (Director) Delhi S.C.D.R.C. 1(2003) CPJ:305.
Forceps delivery with PPH:
Forceps delivery done in haste which caused haemorrhage -No attempt made to stop profuse bleeding -Negligence and deficiency in medical care proved -Nursing Home not properly equipped-Nursing home had no proper arrangements to meet emergency, not properly equipped -Deficient in service -Jointly liable to pay compensation. Compensation granted.
T. Vani Dev: (Dr. Smt.) v. Tugutla Lakshmi Narasaiah @ Narasa Reddy, National C.D.R.C. 1(2003) CPJ:180.
Proper Consideration therefore consumer:
Charitable trust running hospital, payment receipts produced: complainant consumer.No negligence, no relief - Deficiency in giving medical treatment not proved because of absence of expert medical opinion -Complainant not entitled to relief.
Babanrao Yadav v. Lion Tarachand Bappa Hospital Maharashtra S.C.D.R.C. 1(2003) CPJ:365.
Deficiency in service -Alleged, caesarean conducted without necessary preoperational tests to correctly visualise patient's condition -Complainant admitted with pains since 3 hours, put under observation for progress of labour -Foetus developed distress, no alternative left except emergency Caesarean -Jaundice suspected when urine removed before commencing surgery -No specific treatment for jaundice except bed rest till symptoms disappear -Blood urea level, serum creatinine levels increased day by day but below the range for recommending dialysis -Failure to send patient for dialysis does not amount to negligence -Deficiency in service/ negligence on part of doctor not proved -Complaint dismissed.
M. Srinivas v. Dr. (Smt.) Rama Thulasi Andhra Pradesh S.C.D.R.C. 1(2003) CPJ:449.
Post blood transfusion Hepattis C:
Complainant aged about 17 years, admitted in Apollo Hospital with fever -Blood test done, complainant need to be given transfusion of blood platelets - 5 Units of blood platelet concentrate prepared in Blood Bank from 5 donors -Contaminated blood used in transfusion -Complainant got acute attack of Hepatitis C -Absence of satisfactory explanation as to why mother's blood which matched the patient, not used, when the platelet concentrate from mother's blood, much safer option -Necessary care and caution not taken in transfusing the blood -Hospital's blood transfusion records not reliable - Young life seriously affected by negligence -O.P. liable to pay Rs. 10 lakhs towards cost of medical treatment incurred till now and Rs. 8 lakhs towards cost of further medical treatment.
Shefali Bhargava (Ms.) v. Indraprastha Appollo Hospital 1(2003) NCDRC, CPJ:216.
Compensation enhancement in a case of death due to negligence of doctor -Compensation of Rs. 50,000/- awarded by State Commission -Hence appeal- Deceased aged about 31 years, earning Rs. 4,061/- per month, must be spending 2/3rd of salary for maintenance of family - Compensation enhanced to Rs. 5.00 lakhs.
Hemina Hitesh Kotak(Smt.) v. Dr. Ashok Nathwani National C.D.R.C. 1(2003) CPJ:252.
Gall Bladder Operation:
Deficiency in service -Negligent and defective operation of gall bladder -Absence of expert evidence to substantiate allegation -Subsequent problems related with earlier operation not proved – Fault / negligence of doctor not proved -Complainant not entitled to relief claimed - Complaint dismissed.
Mathura Mahto (Mistry) v. Dr. Bindeshwar Jha "Bindu" Bihar S.C.D.R.C. 1(2003) CPJ:535.
No biopsy done:
Negligence in prostrate Surgery -Urinary problem, surgery advised -Symptoms of prostrate cancer found during surgery, prostrate removed -Alleged, biopsy not carried out before surgery -Biopsy can be done only if indication of cancer is there -No such indication recorded, no ground for doctor to get biopsy done before surgery -No negligence on part of doctor proved -Error in judgment not amount to medical negligence -Order awarding compensation set aside.
R.C. Sharma (Dr.) v. Jage Ram National C.D.R.C. 1(2003) CPJ:248.
Wrong medicine dispensed:
Deficiency in Service -Negligence in treatment -Complainant's minor son admitted for acute tonsillitis -Wrong Medicine Supplied by Pharmacy located in Hospital premises - Incorrect/ defective medicines administered to patient without checking the correctness of medicine -Negligence of hospital, doctors and staff proved -Complainant entitled to compensation.
Deepak Gokaran v. Mahant Gurmukh Singh Charitable Hospital Trust (Chairman) Delhi S.C.D.R.C. 1(2003) CPJ:518.
Laboratory License: Wrong Pathological report:
Pathology lab -Registration and licensing exempted where Government Doctor working or giving services as part-time employee. Alleged wrong report of pathology clinic, direction of treatment changed, resulted abortion -Compensation awarded by Forum -Hence appeal -Complainant's case of "Missed Abortion" -Wrong report given because after missed pregnancy urine definitely gives negative result - Allegation baseless -No negligence/ deficiency in service proved -Complainant not entitled to compensation -Order of Forum set aside.
Rajni Shukla v. Rajendra Kumar Agrawal Madhya Pradesh S.C.D.R.C. 1(2003) CPJ:551.
Standard treatment regimen:
Negligence in diagnosing disease -Alleged, doctor went on giving different injections and treatment which resulted in cardiac arrest -Allegation not proved -Patient having heaviness in chest with pain in left arm, had profuse sweating, nausea, having difficulty in breathing -Treatment given as per established norms of medical science -Patient developed sudden cardiac arrest -No negligence and deficiency in service in treating the deceased -Complaint dismissed.
Surjit Kaur v. Dr. Deepak Kaura Chandigarh C.D.R.C. 1(2003) CPJ:622.
MOP in abdomen:
Caesarean operation conducted -Foreign body left inside the system -Pain and irritation complained -Existence of foreign body established by reports of Ultra Sound, X-ray, CT Scan -Removed in same hospital by second operation -Element of reasonable care and skill missing -Negligence/Deficiency in service proved - Compensation awarded by State Commission to be paid by hospital and doctor -No interference required, appeal dismissed.
Satya Atri [Dr. (Mrs.)] v. Smt. Shashi Sharma J & K HK (DB) 1(2003) CPJ:612.
Transmission of HIV by blood transfusion:
Complainant's son admitted with fever and cough -Blood transfusion advised -Donor Card issued by Blood Bank mentioned clearly "H.I.V. I and II Negative" -Blood transfused to child -Condition not improved - Child's blood examined, child infected with H.I. V. virus -Complainant and wife tested HIV non reactive, possibility of child containing disease from parents eliminated -HIV virus transmitted through transfusing blood collected from donor certified by Blood Bank under Donor Card -Incorrect Donor Card issued without examining properly the blood of donor -Deficiency in service proved –Blood Bank liable to pay compensation.
J. Gopal v. Nagarjuna Blood Bank Andhra Pradesh S.C.D.R.C. 1(2003) CPJ:434.
Suicidal death in hospital:
Complainant suffering from fever admitted in hospital, shifted to CCU, suddenly became violent, pushed everyone, jumped from third floor -Multiple injuries received -Contention, complainant fallen to ground floor while being taken to CCU, not proved- Complainant failed to discharge burden of proving negligence -Complaint dismissed by Forum -Order reversed in appeal, restored in revisions.
Sudheendra Medical Mission Hospital v. Kennan VR. National C.D.R.C 1(2003) CPJ:146.
Absence of Expert witness:
Disability due to accident -Absence of expert evidence to prove negligence in medical, operational or treatment side -Complainant wants false receipt of payment which he never made to O.P., so that he can get compensation from Motor Accident Claims Tribunal- Forum/Commission cannot be an instrument to enrich the claimant Complaint dismissed.
Ashok Kumar Aneja v. Harish Kohli (Or.) Uttaranchal S.C.D.R.C1(2003) CPJ:290.
Doctor followed accepted procedure: Disease at advance stage:
Negligence in treatment -Deceased admitted with advance stage of cancer -Combination of chemotherapy and radiotherapy administered -Surgery done when disease recurred -Accepted procedure followed by doctor -No medical negligence on part of doctor proved -Complaint, dismissed.
S.K. Sharma v. Dr. Praful B. Desai National C.D.R.C. 1(2003) CPJ:90.
Faulty administration of injection -Minor girl hale and hearty sustained total paralysis on left leg after injection -Doctor failed to explain paralytic attack soon after administration of injection -Deficiency in service on principle of res ipsa loquitur proved -Complainant entitled to compensation -Interest reduced in appeal.
G.D. Jiladia (Dr.) v. Minor Dharmistha Chhotubhai Goswami Gujarat S.C.D.R.C. 1(2003) CPJ:381.
No improvement in condition in spite of repeat operations:
Condition of patient deteriorated after operation, not improved even after second operation -Third operation advised -Patient got discharged, admitted in another hospital, started improving without third operation -Negligence/ deficiency in service alleged -Complaint dismissed by Forum -Hence appeal- Medical practitioner not guilty of negligence merely because a medical procedure fails -Mere deviation from normal practice not necessarily in all cases evidence of negligence -No negligence in diagnosing, treating the patient proved -Complaint rightly dismissed by Forum.
Jugbir Singh v. Manoj Sharma (Dr.) Delhi S.C.D.R.C. 1(2003) CPJ:667.
Negligence in giving intra muscular injection -Sciatic nerve of minor damaged, leg became paralysed - Compensation awarded by Forum, upheld in appeal -Hence revision -Contention, complaint bad for non-joinder of nurse who administered injection -Contention not acceptable -Doctor being employer of nurse vicariously liable for treatment given, liable to pay compensation awarded by lower forums.
K.G. Krishnan (Dr.) v. Praveen Kumar (Minor) National C.D.R.C. 1(2003) CPJ:125.
Minor child died due to negligence of O.Ps. While injecting medicine. O.Ps. not qualified to run dispensary and treat illiterate poor masses. Compensation awarded by Forum, upheld in appeal.
Baleshlwar Prasad (Dr.) v. Firtu Das Mahant Jharkhand S.C.D.R.C. 1(2003) CPJ:457.
A-VE GIVEN A+VE BLOOD:NEGLIGENCE:
Baby delivered by caesarean section -Bleeding could not stop - 'A' positive blood given to patient instead of 'A' negative -Absence of medical opinion, literature, supporting transfusion of 'A' positive blood instead 'A' negative -Lack of diligence on part of O.Ps. in not preparing caesarean section in case of emergency -Negligence/deficiency in service proved -Compensation with interest @ 12%, p.a. granted.
Katra Satyanarayana v. Lakshmi Nursing Home. Andhra Pradesh S.C.D.R.C. 1(2003) CPJ:262.
Deceased aged about 41 years, suffering from chronic renal failure with complaint of T.B. and Diabetes it resulted in disseminated intravascular coagulation (DIC) -Contention, gangrene not managed in time by not amputating the arm -Contention not acceptable- DIC condition, amputation or any surgery on deceased contra-indicated because deceased would continue to bleed to death from other spots -Decision not to carry out surgery /amputation based on doctor's professional judgment and knowledge- No conclusive proof of gangrene produced -Mere allegation made by relatives looking at looking at body after 72 hours, cannot be taken as evidence -Allegations proved wrong -Clear case of patient with complicated ailments and inspite of best efforts, life could not be saved -Doctors monitored the deceased round-the-clock, not deficient in rendering service - Complaint dismissed.
Rekha Gupta (Smt.) v. Bombay Hospital Trust National C D.R.C. 1(2003) CPJ:160.
POST OPERATIVE BURST ABDOMEN:
Negligence in post- operative care -Stitches removed at earlier stage- Severe bouts of cough, wound got burst -Patient remained in burst abdomen condition for 2-3 hours, ultimately died -Lapse in post-operative car proved -Compensation granted -Order upheld by State Commission –No interference required in revision.
Suyash Hospital Pvt. Ltd. v. Prassanna Kumar Ojha National C.D.R.C. 1(2003) CPJ:150.
ONE OF THE ACCEPTED TREATMENT FOLLOWED:
Negligence in treatment -Absence of expert opinion in support of allegation -Incumbent upon complainant to prove O.P. negligent in adopting line of treatment- Medical opinion regarding course of action may differ -Best possible line of treatment adopted by O.P. -Patient died due to cardiac failure -Absence of evidence regarding negligence/ deficiency in monitoring patient -Doctor not liable to pay compensation.
Anjana Vemla (Mrs.) v. Ashok Kumar Thakur (Dr.) Bihar S.C.D.R.C. 210.
MERE RIGHT TO SUE CAN NOT BE TRASFERED:
Negligence in treatment -Complainant died during pendency of complaint -Personal action dies with death of claimant -Right to sue, not actionable claim -Claim for unliquidated damages for tortuous liability, mere right to sue, cannot be transferred.
Janak Kumari v. Dr. Balwinder Kaur Nagpal National C.D.R.C. 1(2003) CPJ:28.
Procedure carried out on complainant in subsequent hospitals not produced:
Procedure carried out on complainant in these hospitals not produced on record -Things might have got aggravated as a result of any treatment at these hospitals -Adverse inference drawn against complainant -Complaint dismissed with cost.
Charan Singh v. Healing Touch Hospital National C.D.R.C. III(2003)CPJ:62.
Ayurvedic medicine containing lead:
Complainant suffering from diabetes, consulted O.Ps. for treatment -Ayurvedic tablets prescribed, consumed regularly -Severe stomach pain developed ~ Cause of pain diagnosed; lead poisoning -Capsule prescribed by O.P. found to contain 1681ppm lead against permissible lead of 20 ppm in drug -Prescription and administration of hazardous drug for complainant amount to deficiency in service -O.Ps. liable to pay compensation.
K.M.Balakrishan @ Premnath. v. Padma Ayurveda Vaidyasala and Research Centre Tamil Nadu S.C.D.R.C. 645.
Consent for surgery if not obtained, gives rise to cause of action for seeking remedy irrespective of fact that medical negligence/ deficiency in service not established.
Punjabi Nursing Home v. Kailash Marodia .Madhya Pradesh S.C.D.R.C. III(2003) CPJ:194.
Wrong blood group reports:
Contingency of transfusion of blood: Wrong reports given: Compensation granted.
Bharat Pathology Laboratory v. Mangi Lal Vyas National C.D.R.C. III(2003)CPJ:94.
Denture defective used to come out while eating and talking- Deficiency in service proved- O.P. liable to refund cost of denture -Compensation granted.
K.C. Nasa (Dr.) v. Sahib Chand Sharma Delhi S.C.D.R.C. III(2003) CPJ:622.
Disease not cured after surgery:
100% guarantee of successful operation and treatment given Disease not cured after surgery -Complainant failed to establish breach of duties Absence of expert evidence in support of allegation -Deficiency in service not proved -Absence of consent for surgery -Complainant entitled to compensation for want of consent.
Punjabi Nursing Home v. Kailash Marodia Madhya Pradesh S.C.D.R.C. III(2003) CPJ:19.
Mishandling of needle biopsy:
Biopsy needle pierced blood vessel from which deceased never recovered. Absence of expert evidence in support of allegation - Complaint dismissed on grounds of non-prosecution.
Mrs. O, Aisha Bi v. Prof J.R. Danial National C.D.R.C. III(2003) CPJ:178.
Negligence in administering injection -Gangrene developed -Right hand amputated -Complainant became permanently disabled -Negligence proved -Compensation granted.
State Government v. Vijay Singh Uttaranchal S,C.R.C. III(2003) CPJ:382.
Negligence in administering spinal anaesthesia:
Alleged negligence in administering spinal anaesthesia -Right side of body paralysed, kidney removed without consent- Compensation claimed -Absence of expert opinion/ medical literature in support of allegation -Spinal anaesthesia, a blind procedure, preferred over general anaesthesia as it has less complications -Kidney removed during second surgery as lifesaving measure - Negligence on part of O.P. not proved -Two choices if available, adoption of one, not amount to negligence -Complaint dismissed with cost.
Charan singh v. Healing Touch Hospital National C.D.R.C. III(2003) CPJ:62.
Negligence in giving intravenous injection:
Negligence in giving intravenous injection -Swelling and pain developed -Complaint allowed by Forum - Hence appeal -Absence of evidence in support of allegation -Oral allegation made by complainant denied by respondent -Wrong intravenous injection administered not proved -No deficiency in service proved -Order of Forum set aside.
Jot Maternity and Children Hospital v. sanjogitta Punjab s.C.O.R.C. III(2003) CPJ:136.
Negligence in surgery : Doctor died:
Negligence in surgery -Cotton swabs and pieces of pregnancy left in uterus, caused infection -Doctor who performed surgery died -Personal action dies with death of person -Legal representatives could not beheld responsible for negligence of deceased husband -Cause of action stood extinguished -Compensation wrongly awarded by Forum, set aside in appeal -Complaint dismissed.
Ranjna Bhardwaj [Dr. (Mrs.)] v. Rekha Rani Chandigarh C.D.R.C. III(2003) CPJ:697.
Negligence in surgery not proved:
Negligence in surgery - Infection developed in' operated eye, caused permanent loss of vision -Left eye operated instead of right eye -Allegation not proved -Complainant had complicated cataract in both eyes -Left eye operated first because left eye had decreased vision -Medical negligence not proved- Order of Forum awarding compensation set aside in appeal.
PC. Dwivedi.(Dr.) v. Smt. Kamalabai Pandey Madhya Pradesh S.C.D.R.C. III(2003) CPJ:170.
Negligence in treatment:
Negligence in treatment –Patient expired due to excessive bleeding -Doctor not cared to look the patient after 8.00 p.m. on 30.3.1999 to 8.00 a.m. on 31.3.1999- Patient remained unattended by doctor for 12 hours, condition became serious and unmanageable -Doctor and hospital staff failed in administration of treatment -Negligence proved -O.Ps. liable to pay compensation jointly and severally.
Ujjain Charitable Trust Hospital v. Ramesh Chandra Madhya Pradesh S.C.D.R.C. III(2003) CPJ:181.
Hepatitis B after transfusion of blood:
3 bottles administered from one place and another 3 from other place -Impossible to find out which blood at all causes Hepatitis B - Complainant failed to prove allegation -Complaint dismissed by Forum –Appeal against order dismissed.
Kanhaiya Singh v. Secretary/Administrative Officer Vivekanand Polyclinic, Uttar Pradesh S.C.D.R.C. III(2003) CPJ:263.
Surgery: Guide wire left in body while performing operation:
Deficiency in Service -Negligence in surgery -Guide wire left in body while performing operation -Corrective surgery performed to remove the wire from body -Deficiency in service proved -O.P. liable to pay compensation for mental and physical agony -Cost awarded.
Anil Nadir (Dr.) v. Rakesh Dullu (Dr.) Delhi S.C.D.R.C. III(2003) CPJ:401.
Throat cancer not cured as guaranteed:
Advertisement -Any type of disease curable with guarantee -Throat cancer of complainant not cured by respondent as guaranteed -Respondent not qualified enough to cure patient like complainant, liable to pay compensation.
L.D.Bajaj (Dr.) v. Hari Chand Punjab S.C.D.R.C. III(2003) CPJ:49.
Vision lost due to use of tonometer alleged:
Negligence in treatment -Alleged, 90% eye-sight of complainant gone due to use of tonometer in the eyes by doctor -Absence of expert evidence in support of allegation -Loss of vision due use of tonometer not proved -Complainant failed to prove not guilty of medical negligence -Complaint dismissed.
Govind Ram Aggarwal v.dr. Gupta Uttaranchal S.C.D.R.C. III(2003) CPJ:110.
Wrong treatment given -Complainant's husband suffering from recurrent fever, chills and rigors since 15 days, approached O.P. -Injection given, medicines prescribed - Complications developed -Alleged, patient died due to wrong treatment -Allegation not proved -Nizam's Institute of Medical Sciences showed cause of death, cardiac arrest due to gas gangrene -As per authorities, gas gangrene cannot form by mere administering injections, it may occur due to major wound in body or major surgery -No negligence in treatment given proved -Complaint dismissed.
C.A. Philomina (Smt.) v. Dr. Vijaya Kumar Kodali III(2003) CPJ:403.
Deficiency in Service -Wrong diagnosis -Patient suffering from haemophilia operated upon which cause excessive bleeding, resulted in death of patient -Absence of expert medical evidence - Forum has no expertise in medical field -Diagnosis whether proper or not cannot be detected in absence of medical evidence -Complicated questions of facts and law involved - Complaint not adjudicable in summary jurisdiction -Dismissed.
Nand Kishore Prasad v. Sister Grace, Kurji Holi Family Hospital Bihar S.C.D.R.C. III(2003) CPJ:331.
Defective eardrops: Manufacturer liable to pay compensation.
Defective ear-drop -Ear damaged, pain aggravated -Complainant had to get operated -Defective goods marketed for use by mass community of consumers -Manufacturer liable to pay compensation. Defects of medicine not known to medical stores: Defective ear-drop -Defects not known to medical stores -Claim not decreed against it.
Jamna Devi v. F.D.C. Ltd. Rajasthan S.C.D.R.C. III(2003) CPJ:509.
Two different reports produced:
Two reports from different laboratories produced on record -Medicines not been tested by independent laboratories by the Forum/Commission -Complaint dismissed as not pressed by one complainant and unrepresented by others -Rs. 20,000/- to be paid to each respondent on compassionate ground.
Opthalmics and Drugs India v. Dr. Jagdip MoJtanlal Kakadia III(2003) CPJ:21.