consumer case medicai negligence
IRULAPPAN
(Querist) 16 March 2010
This query is : Resolved
sir.
A difficult case I have.The nutshell of the case is belatedly holding operation . Ultimatly,the patient died.I have filed a case in consumer forum.I expect suggestion in this regard.
R.R. KRISHNAA
(Expert) 16 March 2010
Many reasons can be attributed for conducting the operation belatedly. For reasons like engaging specialists, availing adequate medical equipments or any other valid grounds can be taken as a defence for conducting the operation belatedly. If it is solely due to fault and negligence of the doctor(that the doctor did not exercise reasonable care and caution during operation) the doctor can be made liable otherwise the doctor is not liable.
Kumar Thadhani
(Expert) 16 March 2010
YES EXPERT OPINION FOR THIS QUERY IS RIGHT.
Raj Kumar Makkad
(Expert) 16 March 2010
Recently SC has held that consumer forum shall first send the complaint based on medical negligence to medical board duly constituted by Chief Medical Officer of that area and the opinion of the board shall be final.
So think what is going to happen in your case in the given situation. I have lost a number of cases due to this situation wherein the negligence was primarily proved on the basis of strong documents but what about medical board which comprise doctors and who doctor is ready to come forward against his brother doctor.......
