Medical negligence
raj
(Querist) 03 January 2014
This query is : Resolved
dear learned counsel!
Iam a medical professional working in an institute.A patient filed medical negligence case against us in the year 2010.The dist forum awarded compensation without taking expert opinion.We challenged this in state forum.The honble forum also didnt pay attention to expert opinion and it gave orders to pay compensation.The verdict solely done basing on the papers submitted by the opp counsel,which were from internet.I request the learned counsel to comment
Devajyoti Barman
(Expert) 04 January 2014
The order of dist forum prima facie looks bad. It should be set aside in state commission.
Without support of expert comment, medical negligence cases have no merit.
Advocate Bhartesh goyal
(Expert) 04 January 2014
To decide medical negligence cases forum should have taken expert[Report of medical board] evidence also why did not your counsel raise objection in this regard,any way challenge the orders of District Forum and State Commission before National Commission Delhi u/s 21 of Consumer protection Act.
Rajendra K Goyal
(Expert) 04 January 2014
Challenge the orders before the National Commission.
T. Kalaiselvan, Advocate
(Expert) 04 January 2014
The case would have been decided by the District Forum based on the arguments put forth by the complainant counsel or that it wold not have been properly challenged by the counsel appearing for the opposite party. The State Forum should have taken notice of the said lacuna, provided if it was brought to the notice of the State forum properly. It is a fit case for appeal before National Commission citing non application of mind resulting into mis-carriage of justice.
raj
(Querist) 04 January 2014
Respected learned counsel!
Thank you very much for your kind and valuable comments / suggestions.
