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1 - 6 of 6 (0.21 seconds)Achutrao Haribhau Khodwa vs State Of Maharashtra And Ors on 20 February, 1996
Kusum Sharma & Ors vs Batra Hospital &Med.Research Centre ... on 10 February, 2010
21. In case of 'medical negligence', the issue for consideration is
to examine as to whether the treating doctor was sufficiently qualified to
provide treatment and doctor was sufficiently competent and he has also
observed due and necessary precaution. It is also necessary to know as
to whether timely/necessary steps for treating the patient were taken or
not? The Hon'ble Apex Court in the case of Kusum Sharma v. Batra
Hospital reported in (2010) 3 SCC 480 has held in Para-94 as under:
Shah Hospital & 2 Ors. vs Daljeet Kaur & Anr. on 31 August, 2020
Learned counsel
submits that District Commission has passed the order by overlooking the
reply of appellants/OPs that there was no pain or numinous in the leg but
there was only back pain. It is apparent from the OPD record, which was
recorded at the instance of the complainant, he was having low back ache
with stiffness. At the end, learned counsel for the appellants submits that
there was no negligence on the part of the appellants. Learned counsel
for the appellants has relied upon judgments i.e. (1)"Martin F Dasuja Vs.
Mohammad Ishfaq" Civil Appeal No.3541 of 2002, decided on
17.02.2009 (SC), (2) "Eckersley Vs. Binnie" (1988) 18 Con LR 1,
(3)"Hunter Vs. Hanley" 1955 SLT 213, (4) "Jacob Mathew (Dr) Vs.
State of Punjab & another" III 2005(CPJ)9(SC), (5) "Malay Kumar
Ganguly Vs. Sukumar Mukharjee" (2009) CPJ 17 (6) "Vinod Jain Vs.
Santokba Durlabhji Memorial Hospital and another" (2019)12 SCC
First Appeal No.68 of 2019 8
229, (7) "Shah Hospital & 2 others Vs. Daljeet Kaur & another"
Shergill Multispeciality Hospital & ... vs Harinder Kaur & Ors. on 17 June, 2020
Sandeep Singh Sandhu vs Amarjit Kaur Brar on 22 December, 2009
Respondent No.1/complainant has not only suffered physical pain but also
suffered mental torture and had to incur a lot of expenses towards
treatment. By considering all these factors, the District Commission has
rightly awarded the amount of compensation as well as litigation expenses
First Appeal No.68 of 2019 9
and no interference is required. Learned counsel has relied upon
judgments i.e. (1) "Dr. Sandeep Singh Sandhu Vs. Amarjit Kaur &
others" 2018(3)CLT 466 (Punjab), (2) "Yashmeen Kaur Vs. Moga
Medicity (Multispecialty Hospital" 2017(3) CLT 204 (Punjab) (3)
"Krishan Rao Vs. Nikhil Super Specialty Hospital" 2010(2)(Civil)
929(SC), (4) "Martin F D'souza Vs. Mohd. Ishfaq" 1995(6)SCC 651 in
support of his arguments.
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