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Deepak Gupta vs Indraprastha Apollo Hospitals Delhi, on 23 August, 2022 cites

Dr. S.K.Jhunjhunwala vs Mrs. Dhanwanti Kaur on 1 October, 2018

In S. K. Jhunjhunwala vs. Dhanwanti Kaur and Anr.[6], wherein the negligence alleged was of suffering ailment as a result of improper performance of surgery, it was held that there has to be direct nexus with these two factors to sue a doctor for negligence. It was further held that in every case where the treatment is not successful or the patient dies during surgery, it cannot be automatically assumed that the medical professional was negligent. To indicate negligence there should be material available on record or else appropriate medical evidence should be tendered. The negligence alleged should be so glaring, in which event the principle of res ipsa loquitur could be made applicable and not based on perception.
Supreme Court of India Cites 3 - Cited by 50 - A M Sapre - Full Document
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