Pages

Sunday, 18 September 2016

Govt. Doctors are liable under Consumer Protection Act.

Govt. Doctors are liable under Consumer Protection Act.  


KRISHNAKUMAR
vs
STATE OF TAMIL NADU & ORS.
III (2015) CPJ 15 (Supreme Court)

Medical Negligence — Premature baby— Permanent blindness  - Govt. Hospitalisliable.   Rs.1,38,00,000 Compensation awarded. Out of which, Rs.4 Lakhs to be paidby each doctors  and remaining Rs.1,30,00,000 to be paid by  Tamil Nadu Govt.

Quoted therein:
Savita Garg v. National Heart Institute, IV (2004) CPJ 40 (SC)  also followed in Balram Prasad’s case (supra). Similarly in Achutrao Haribhau Khodwa v. State of Maharashtra, IV (2006) CPJ 8 (SC) this court unequivocally held that the state would be vicariously liable for the damages which may become payable on account of negligence of its doctors or other employees

ROYAPETTAH GOVERNMENT HOSPITAL
Vs
R. LAKSHMI
II (2016) CPJ 639 (NC)
Quoted therein:

Hon’ble Supreme Court in the case of V. Krishnakumar v. State of Tamil Nadu & Ors., III (2015) CPJ 15 (SC) decided on July 1, 2015 held the Government of Tamil Nadu is responsible for medical negligence caused in the government Hospital.

ANIL KUMAR MITTAL (Dr)
Vs
NEELAM GUPTA & ORS.—Respondents

IV (2015) CPJ 597 (NC)
Government Hospitals are not immune to gross negligence. Doctor is directed to pay Rs. 10,000 only whereas Hospital shall pay Rs. 4,95,000 to complainant with interest @ 18% p.a. — Costs @ Rs. 10,00,000 to be paid to complainant.


No comments:

Post a Comment