Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Medical Negligence.

(Querist) 08 September 2010 This query is : Resolved 
In the shadow of medical negligence and allied topic-

1. Whether a doctor can use his professional judgment to expand the scope of the operation when the patient is incapable of giving consent?

2. What are the criteria for determining whether an expert witness is qualified and eligible to testify regarding the standard of care in the medical field?

3. Does the number or relationship of the defendants alone determine whether the doctrine of Res-ipsa-loquitur applies?

4. Whether a defendant surgeon can claim innocence on the basis of action taken in good faith.? (a situation where the doctor did not take consent to conduct additional surgery)
Devajyoti Barman (Expert) 08 September 2010
1. The consent of patient is immaterial when his relative can give such consent.
2.The forum can appoint expert witness if the party so applies.
3.It is not the case of Res ipsa loquitor. This principle applies when the act alleged itself is sufficient proof to show the negligence. For example when the doctor is supposed to operate the right hand but he did on the left hand.
4. Yes that is most likely.
Retwik kumar Mukherjee (Querist) 08 September 2010
In this certain case a doctor operates upon a lady for appendectomy and finds a dermoid cyst in her right ovary,without her consent he removes the ovary.
Please comment on the light of the above points given by me.
@Mr Barman :-THANX
Devajyoti Barman (Expert) 08 September 2010
The case record needs to be seen. In a recent case involving a Bengali film director the doctor operated without informing his family members and he died after few days. The State Commission awarded Rs 20 lac as compensation.
Retwik kumar Mukherjee (Querist) 08 September 2010
Sir it would be helpful if you let me know the citation and any similar case reference in your mind where the above situation applies.


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