HEALTH CARE
KEY NOTES FOR DOCTORS & PATIENTS
- Consumer commissions cannot invent a new case of negligence and find doctor / hospital liable when projected / complained case is not made out – Supreme Court
- Negligence must be proven through expert opinion, ultrasound is not a conclusive proof – Supreme Court
- Exaggerated compensation for mental agony can be reduced – National Commission
- Complainant has to proof breach of duty by doctor / hospital and causation of injury by it to prove a case of medical negligence – National Commission
- It cannot be presumed that a doctor or institution would deliberately engage in rash or negligent medical practices – Rajasthan High Court
- Hospital is vicariously liable for its doctors’ negligence – Supreme Court
- Failure to inform risk of failure of sterilisation process is ground for medical negligence claim – Punjab & Haryana High Court
- Absence of finding of negligence by Ethics Board is strong proof of lack of negligence by the doctor / hospital – National
Commission
