consumer protection
pradeep kumar lalwani
(Querist) 10 September 2009
This query is : Resolved
After 2 years of operation ,A lady become pregnant again . Any rulling in favour of lady in consumer protection Act.riven
Kiran Kumar
(Expert) 10 September 2009
Mr. Pardeep
various cases in such context have been seen, no doubt she is covered under consumer law...but in last couple of months SC has given few important judgments on medical negligence.
u can find them from
www.supremecourtofindia.nic.in
or
www.indiankanoonsearch.com
its is advisable to have look at the latest interpretations so that u can make out a good case.riven
Prakash Yedhula
(Expert) 10 September 2009
Law of Torts – Medical Negligence – Pregnancy after Sterilization Operation - The only defence was that even after the sterilization operation, there was approximately 0.5% of pregnancy; and that though the family planning operation was carefully done, the plaintiff's case was one in which the pregnancy occurred after sterilization for which neither the Doctor who conducted the operation nor the hospital could be made liable. Both the Courts have clearly pointed out that before taking such a view that the plaintiff's case was one in which such pregnancy has occurred and which would fall within 0.5% of the case, a duty was cast upon the defendants to prove that the tubectomy family planning operation by Pomeroys method, was done carefully. But, the appellants/defendants have thoroughly failed to prove the same. Both the Courts have clearly pointed out that so long as the family planning operation done by the first defendant on the plaintiff, the subsequent conception of the fourth child by the plaintiff and the delivery of the same by her are all admitted position, it is for the medical person to prove that the operation was done carefully and without any negligence whatsoever. Having failed to do so, it cannot be inferred that it was properly done exercising care, and even then, the child was born, and even after the child was born, it could not be avoided. Once both the Courts have recorded a concurrent finding on the facts, this Court is of the considered opinion that nothing requires to make any disturbance over the same. Apart from that, the lower Courts have rightly followed the judgment of the Apex Court reported in (2000) 3 MLJ 98 (STATE OF HARYANA V. SANTRA), which speaks about the Doctor entering into a medical profession and a duty to act with reasonable degree of care and skill. This Court is unable to notice any question of law, much less substantial question of law to be formulated by this Court.
2007 (1) CTC 496riven
Raj Kumar Makkad
(Expert) 10 September 2009
After the judgment of Hon'ble SC, it has become almost impossible to get declared medical professional as negligent because the complaint is required to be sent to Chief medical officer of the area and his opinion is final. We all know that no doctor comes against another doctor so far as profession is concerned, resulting thereby complaint even if filed is dismissed as held in my case. So frnd, take it as a mercy of God and take rest.riven
Kiran Kumar
(Expert) 11 September 2009
Dear Parkash Ji has always been perfect in his replies.
one latest judgment i would like to add;
Nizam Institute of Medical Sciences
versus
Prasanth S. Dhananka and Others
Civil Appeal No. 4119 of 1999 decided on 14.5.2009
its a Full Bench judgment of SC.
the reporter m getting, it is reported as
2009(3) Recent Criminal Reports 124 (SC)
i dont ve any parallel citation....but its a good judgment by SC.riven
Sarvesh Kumar Sharma Advocate
(Expert) 11 September 2009
basic thing is that the opretion was doen by government hospital or in private hospital?
it means u paid for dt opretion or not?
first u answer these points then i will suggest u clearly.
riven
