Medical Negligence Act

Important Cases

Wrong Diagnosis

The patient was initially diagnosed as having Tuberculosis and treatment was given. However later on the basis of other symptoms it was found that he had Jaundice. Allegation that the hospital and attending doctors were negligent in their treatment and diagnosis. Complaint was held to be maintainable. (1993 Consumer Claims Journal 198)

Negligence In Conducting Operation

Doctors concerned did not conduct necessary tests at pre-operative stage and conducted surgery without a neurosurgeon resulting in spinal cord injury. Opposite parties could not explain why removal of benign tumor in chest wall resulted in spinal cord injury. Opposite party institute directed to pay Rs. 14,00,000/-as compensation. (1999 CCJ 1099) National Commission.

Complainant's left hand became disabled during treatment. Damage to ulnar nerve was caused during treatment for amoebic liver abscess. Complaint held to be maintainable. Hospital was directed to pay Rs. 1,25,000/- as compensation. (1999 CCJ 940) Chandigarh.

Death of a patient at the time of operation. Opposite parties had anticipated likely complications that might arise in a major surgery of an obese patient with a rare blood group. Opposite parties directed to pay Rs. 2,55,355/- as compensation. (1999 CCJ 391) National Commission

Foreign body left inside after operation of leg which was removed by another doctor. Opposite parties directed to pay Rs. 20,000/- as compensation. (1999 CCJ 99) National Commission.

Unqualified Nurse

Wrong administration of injection caused paralysis of leg of a child and the nurse who administered the injection was not qualified. Opposite parties directed to pay Rs. 1,05,00/- as compensation and treatment expenses.(1999 CCJ 960) Kerala.