Medical Negligence – Actionable negligence in context of medical profession involves three constituents (i) duty to exercise due care; (ii) breach of duty and (iii) consequential damage. However, a simple lack of care, an error of judgment or an accident is not sufficient proof of negligence on part of the medical professional so long as the …
Neeraj Sud vs Jaswinder Singh 2024 INSC 825 – Medical Negligence Read More »
Medical Negligence – Special Leave Petition seeking enhancement of compensation awarded on account of alleged medical negligence – Dismissing SLP, SC observed: The value of human life cannot be ssessed in monetary terms whatsoever is awarded is a matter of solace.
Eggshell Skull Rule– It is a common law doctrine that makes a defendant liable for the plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligent or intentional tort. In simple terms, a person who has an eggshell skull is one who would be more severely impacted by an act, which an otherwise “normal person” would …
Jyoti Devi vs Suket Hospital 2024 INSC 330 – Medical Negligence – Eggshell Skull Rule Read More »
Medical Negligence –In cases of deficiency of medical services, duty of care does not end with surgery -While the report of the Medical Council can be relevant for determining deficiency of service before a consumer forum, it cannot be determinative, especially when it contradicts the evidentiary findings made by a consumer forum. In these circumstances, …
Najrul Seikh vs Dr Sumit Banerjee 2024 INSC 184 – Consumer Cases – Medical Negligence Read More »