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Medical Negligence – Merely because doctors could not save the patient, that could not be considered to be a case of post operative medical negligence – A medical practitioner is not to be held liable simply because things went wrong
Bysclaw
Apr 24, 2022By sclaw
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”Eggshell Skull Rule Applied: Supreme Court Holds Hospital Liable for Post-Surgery Complications” Consumer Law – Medical Negligence – Appellant-Jyoti Devi underwent an appendectomy at Suket Hospital, but suffered continuous pain post-surgery – A needle was later found in her abdomen, leading to another surgery for its removal – The case revolves around medical negligence, deficient post-operative care by the hospital, and the determination of just compensation for the claimant-appellant – The claimant-appellant sought enhancement of compensation for the pain, suffering, and financial expenses incurred due to medical negligence – The respondents argued against the presence of the needle being related to the initial surgery and contested the amount of compensation – The Supreme Court restored the District Forum’s award of Rs.5 lakhs compensation, with 9% interest, and Rs.50,000 for litigation costs – The Court applied the ‘eggshell skull’ rule, holding the hospital liable for all consequences of their negligent act, regardless of the claimant’s pre-existing conditions – The Court emphasized the benevolent nature of the Consumer Protection Act and the need for just compensation that is adequate, fair, and equitable – The Supreme Court allowed the appeal, setting aside the lower commissions’ awards and reinstating the District Forum’s decision for just compensation.
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Consumer Protection Act, 1986 – Section Section 2(1)(g) – Deficiency of Service and unfair trade practice – The case involves a consumer dispute regarding a promotional trailer for a film produced by Yash Raj Films Private Limited – The complainant, a teacher, felt deceived when the song from the trailer was not in the movie and sought damages for mental agony – The court considered whether a promotional trailer creates a contractual obligation or amounts to an unfair trade practice if its content is not in the movie – The Supreme Court held that promotional trailers are unilateral and do not qualify as offers eliciting acceptance, thus not forming agreements enforceable by law – It also ruled that the facts do not indicate an unfair trade practice under the Consumer Protection Act, 1986 – The court reasoned that a promotional trailer is not an offer but an invitation to treat, meant to encourage viewers to watch the movie. It does not create a contractual relationship or promise regarding the movie’s content – The appeal was allowed, setting aside the findings of deficiency of service and unfair trade practice by the lower courts. The court emphasized the creative freedom in services involving art and the need for a different standard in judging representations followed by such services.
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Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.
Apr 14, 2024
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