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Smt. Vinitha Ashok vs Lakshmi Hospital & Ors on 25 September, 2001

In Vinitha Ashok v. Lakshmi Hospital (2001) 8 SCC 731 : (AIR 2001 SC 3914). the view expressed is that a doctor would be liable for negligence in respect of diagnosis and treatment in spite of a body of professional opinion approving his conduct where it is not established to the Court satisfaction that such an opinion relied upon is reasonable or responsible. It was observed that if it can be demonstrated that professional opinion is not capable of withstanding the logical analysis, the Court would be entitled to hold that the body of opinion is not reasonable of responsible. However, on facts, it was observed that the procedure which was adopted by the medical experts was a procedure which was valid and in common use in the State of Kerala and it was observed that on facts, a case of negligence was not made out,
Supreme Court of India Cites 5 - Cited by 57 - Full Document

Indian Medical Association vs V.P. Shantha & Ors on 13 November, 1995

20. It be seen that no evidence was led that the Institution is, infact, a charitable institution. The complainant paid a sum of Rs. 8819 to the hospital. Therefore, where the services are rendered by the Doctors and hospitals for which charges are required to be paid by everyone availing that services, this would be covered by the term "special service" as defined in the Act. Such is the opinion expressed by the Supreme Court in the case of Indian Medical Association v. V. P. Shantha, (1995) 6 SCC 651 : (AIR 1996 SC 550).
Supreme Court of India Cites 44 - Cited by 575 - S C Agrawal - Full Document

Laxman Balkrishna Joshi vs Trimbak Bapu Godbole And Anr on 2 May, 1968

In two decisions rendered by this Court, namely, Laxman Balkrishna Joshi (Dr.) v. Dr. Trimbak Bapu Godbole, AIR 1969 SC 128 and A.S. Mittal v. State of U.P. (1989) 3 SCC 223 : (AIR 1989 SC 1570), it was laid down that when a doctor is consulted by a patient, the former namely, the doctor owes to his patient certain duties which are (a) a duty of care in deciding whether to undertake the case; (b) a duty of care in deciding what treatment to give; and (c) a duty of care in the administration of that treatment. A breach of any of the above duties may give a cause of action for negligence and the patient may on that basis recover damages from his doctor.
Supreme Court of India Cites 2 - Cited by 336 - J M Shelat - Full Document
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