Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005
"........The BNA, as filed by the OP No. 1-Hospital, as available on records, indicates that the OP No. 1- Hospital even being a Heart-Care Centre had arrangement for Haemo-Dialysis by its own machine and even has the facility for 'Continuous Renal Replacement Therapy (CRRT)' which is done in case of necessity of the patient. Despite there being arrangement for Haemo[1]Dialysis in the OP No. I-Hospital, the Haemo-Dialysis of the patient in the case on hand was not arranged for by the OP No. l-Hospital and in such failure on the part of the OP No. 1-Hospital in arranging Haemo-Dialysis at the time of need, points to the breach of duty the OP No. 1-Hospital owed to the patient from the moment the OP No. l-Hospital allowed the admission of the patient concerned and such breach of duty being one of the constituents of medical negligence as well as deficiency in service as held by the Hon'ble Supreme Court in Jacob Mathew Vs. State of Punjab & Anr., reported in (2005) 6 see 1, the OP No. 1-Hospital cannot shake off its liability for deficiency in service "