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1 - 6 of 6 (0.66 seconds)The Consumer Protection Act, 1986
Section 13 in The Consumer Protection Act, 1986 [Entire Act]
Martin F. D' Souza vs Mohd. Ishfaq on 17 February, 2009
390), it cannot be said that prima-facie, any such case for
medical negligence is made out. No doubt it is an unfortunate
death for the family but to admit a consumer complaint of this
nature, it needs something more as amply pointed out by the
Apex Court in the case of Martin F. D'Souza V. Mohd. Ishfaq,
reported in 2009-(3)-SCC-1. We hold accordingly and pass the
following order
ORDER
The complaint is not admitted and stands dispose off,
accordingly.
Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005
In our considered opinion the line of treatment including
diagnosis and patient care as demonstrated through the Hospital
records broadly passed the Bolam Test as explained by the Apex Court
in the case of Jacob Mathew vs. State of Punjab & Anr. (2005) 6 SCC
1, The ordinary care and the special care required to be taken in
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k
attending to the patient seems to have been satisfactorily done and
therefore the contentions raised on behalf of the appellant do not make
out a case of medical negligence. The conclusion therefore drawn by the
State Commission deserves to be affirmed for all the reasons stated
hereinabove. The appeal fails and is hereby dismissed. X
Sd/- i
I
( A.P. SAHI, J.)
PRESIDENT 1
I
1
Sd/- I
t
( BHARATKUMAR PANDYA)
MEMBER
AS+MK+Brahm/CM-VM/C-1/Reserved matter
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Shri Sunil Adhye vs Dr Shailesh Puntambekar & Ors on 2 August, 2011
[12] Cumulative effect of the above-referred discussion lead
us to infer that, prima-facie, there is no case established to
infer any medical negligence vis-a-vis deficiency in service on
the part of either of the Opponents. Prima facie, the
Complainants failed to establish that the conduct of the
Opponents 'treating doctors' fell below that of the standards
of a reasonably competent doctors. Similarly, the
Complainants, prima-facie, failed to establish proximate
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cause of the death of Late Dattajirao with the breach, if any,
on part of the 'treating doctors' (of alleged medical
negligence). Applying the 'Bolam Test' or the test 'but for' or
'substantial factor' to establish a proximate cause (Sunil
Adhye Vs. Shailesh Puntambekar and Others - 2012-(1)-CPR-
1