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1 - 5 of 5 (0.20 seconds)Kusum Sharma And Ors. vs Batra Hospital & Medical Research ... on 30 August, 2000
Their Lordships observed that the aforesaid principles, must be kept in view while deciding the cases of medical negligence. It is evident from the principle of law, laid down, in the aforesaid case, that, as long as, the Doctor performs his duties and exercises an ordinary degree of professional skill and competence, he/she cannot be held guilty of medical negligence. It is imperative that the Doctor must be able to perform his/her professional duties, with free mind.
Laxman Balkrishna Joshi vs Trimbak Bapu Godbole And Anr on 2 May, 1968
In Laxman Balakrishan Joshi Vs. Trimbak Bapu Godbole and Anr.-AIR 1969 SC 128, the Apex Court laid down the criteria for determination of the professional duty of a medical man. The Hon'ble Supreme Court held that a person who holds himself out ready to give medical advice, and treatment impliedly undertakes that he is possessed of skill and knowledge for the purpose. Such a person, when consulted by a patient, owes himself certain duties viz. a duty to care, in deciding whether to undertake the case, in deciding what treatment to give or duty of care, in administration of that treatment.
The Consumer Protection Act, 1986
Kalpana vs Dr. K. Ramalakshmi & Anr. on 11 December, 2014
49. The Counsel for the complainant placed reliance on Kalpana Vs. Dr. K. Ramalakshmi & Anr., Revision Petition No.1811-1812 decided by the National Commission on 11.12.2014. Since the said case was decided, on the peculiar facts and circumstances, prevailing therein, no help can be drawn by the complainants, from the principle of law, laid down therein, to prove that there was medical negligence, on the part of Opposite Parties No.4 and 5.
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