Martin F. D' Souza vs Mohd. Ishfaq on 17 February, 2009
31.
rt
This Court cannot be oblivious of the observations
of the Hon'ble Supreme Court in Martin F D Souza vs Mohd.
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1 - 10 of 16 (0.38 seconds)Kusum Sharma & Ors vs Batra Hospital &Med.Research Centre ... on 10 February, 2010
considered the following pertinent observations made by the
Hon'ble Supreme in Kusum Sharma's case, wherein in para
78, it has been observed as under:
Bombay Hospital And Medical Research ... vs Asha Jaiswal . on 30 November, 2021
29. Apart from the above, as observed by the Hon'ble
Supreme Court in Bombay Hospital and Medical Research
Centre vs Asha Jaswal and others, AIR 2022 SC 204, it is too
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much to expect from a Doctor to remain on the bed side of the
patient through in the hospital, which is being expected by the
.
Dr. Harsih Kumar Khurana vs Joginder Singh . on 7 September, 2021
In a recent judgment in Dr. Harish Kumar
Khurana Vs Joginder Singh and others, 2022 ACJ I, the
Hon'ble Supreme Court held that the hospital and doctors are
required to exercise sufficient care in treating the patient in all
circumstances. However, in an unfortunate case death may
occur. It will be necessary that sufficient material of medical
evidence should be available before the adjudicating authority
to arrive at a conclusion that the death is due to medical
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negligence. Every death of a patient it cannot, on the face of it
be considered to be medical negligence.
Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005
"37. We find from a reading of the order of the Commission that it
proceeded on the basis that whatever had been al- leged in the complaint
by the respondent was in fact the in- violable truth even though it
remained unsupported by any evidence. As already observed in Jacob
Mathew case [(2005) 6 SCC 1 : 2005 SCC (Cri) 1369] the onus to prove
medical negligence lies largely on the claimant and that this onus can be
discharged by leading cogent evidence. A mere aver- ment in a complaint
which is denied by the other side can, by no stretch of imagination, be said
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to be evidence by which the case of the complainant can be said to be
proved. It is the obligation of the complainant to provide the facta
probanda as well as the facta probantia."
Haji Mohammad Ekramul Haq vs The State Of West Bengal on 16 December, 1958
19. The report submitted by an expert does not go in
evidence automatically. He is to be examined as a witness in
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court and has to face cross- examination. This Court in the
case of Hazi Mohammad Ekramul Haq v. State of W.B.
concurred with the finding of the High Court in not placing
any reliance upon the evidence of an expert witness on the
ground that his evidence was merely an opinion
unsupported by any reasons."