Study assignment
DINAKARAN
(Querist) 10 May 2014
This query is : Resolved
X a patient approaches an optometrist for determining the percentage of vision in his eyes.
The optometrist after examination says that X has seventy percent of vision in both the eyes.
X takes a second opinion with another optometrist and learns that he has only sixty percent of vision in both the eyes and therefore he is considered as a person with disability under the persons with disabilities act. X files a case against the first optometrist with the help of your learning analyse this problem legally.
Regards
J.Dinakaran
9444151658
ajay sethi
(Expert) 10 May 2014
hypothetical query .
V R SHROFF
(Expert) 10 May 2014
Like Legal practice that you started,
The optometrist after examination gave his finding.
If with intentions, it is punishable. Otherwise Judgement of High court judges Also differ. IT IS MEDICAL PRACTICE.
ONE NEED TO PROVE NEGLIGENCE.
IF IT IS 65, ONE MAY REPORT 70, ANOTHER REPORTS 60.
TIME, STATUS, PLACE DIFFER, AND CHANGES IT TO SOME EXTENT.
V R SHROFF
(Expert) 10 May 2014
REPEATED - TO IGNORE PL
Guest
(Expert) 10 May 2014
Mr. Dinakaran,
You are already an advocate, as per your profile. So, for whom you are going to solve this study assignment?
It is not a case of medical negligence. First of all your client did not take treatment from the optometrist. Secondly, the optometrist expressed his opinion based on examination at a particular time in particular environment and on particular condition of the patient. Thirdly, nobody can claim to be perfect in his profession.
However, if your client believes that to be medical negligence in his treatment, let him prove that in the court of law.
Rather the former optometrist would be able say with certainty that it is a medical negligence case on the part of the other optometrist, who enhanced defect from 30% to 40%, Mr. X was sufferring with only 30% defect in his vision when checked by him.
