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consumer act

(Querist) 06 April 2008 This query is : Resolved 
the doctor of private hospital done the ceasareen and tubetomy operaion on 23.01.2001,(both on same day)
on september 2004, the patient came to know that she is having ectopic pregnancy, went under another operaion, this time operation was done by a government doctor.
consumer complaint was filed in the year 2006, whith in two years from the date of knowledge of failed stirelization. patient has stated that only her husband has given consent for the tubectomy operation, her signatures are not taken for consent form. the docuemnts also reveals the same.
the doctor says,1) the complaint is time barred 2) there is no separate consent form in theyear 2001, only general consent was there at that time.
3) husband consent for the tubectomy is suffiecient as it was a second pregnancy
4) ectopic pregnancy may be due to natural recnalization adn the failure is inherent in the procedure
the case is setdown for argumetns any suggestions? was there seperate form for consent, was husband consent was sufficient?, (and the problem is that not doctor comes before the forum to depose against another doctor)
is there negligence?
Jithendra.H.J (Querist) 06 April 2008
this is for the expers who are handling medical neglignece and for the intelignet and innovative expers
Guest (Expert) 09 April 2008
Please refer to the latest case laws chapter in 'CONSUMER PROTECTION ACT' Book in which I hope you may get the similar case laws. (Recently I referred the book for a case and it was really helpful for quoting 'citations'). With regard to your mention about the fact that no doctor comes forward to depose against a doctor is true. In my recent case before the Consumer Forum when 'Expert evidence' was insisted upon by the opposite parties' counsel, I produced the medical case sheet from a Doctor to whom my client went for subsequent treatment and pleaded to treat the said case sheet as 'Expert evidence' since no professional would come forward to depose against another. It was accepted :).

By the by, your hat looks great :)
Jithendra.H.J (Querist) 12 April 2008
thank u Mr sivasubramanian, if you have nay information/advise regarding this mail me to jithuhj@gmail.com
Kiran Kumar (Expert) 18 April 2008
well u may refer to a lates judgement by the Hon,ble SC in
Samira Kohli v/s Dr. Prabha Manchanda, Appeal (civil) 1949 of 2004
decided on 16/1/2008
this judgment will tell u a lot about ur case
u can c this judgement on the official website of SC i.e. www.supremecourtofindia.nic.in
Jithendra.H.J (Querist) 21 April 2008
thanks a lot kiran.


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