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ARTICLE · 08 MAY 2019

Medical Negligence Legal Principles

King, Stubb & Kasiva
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The Apex Court has also cited various judgments determining the fundamental aspect required in a medical negligence case.

IndiaLitigation, Mediation & Arbitration
Avani Sinha
Avani Sinha
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Introduction:

Hon'ble Supreme Court in matter 'Vinod Jain Vs. Santokba Durlabhji Memorial Hospital and Ors.[1] has recently upheld the Order passed by the National Consumer Disputes Redressal Commission ("NCDRC") exonerating the respondents i.e the hospital and treating doctor from any medical negligence.

While we have come upon numerous judgments wherein the Apex Court has held the hospitals or treating doctors liable for the medical negligence and additionally directed for payment of heavy compensations to the complainants. The Apex Court in this judgment has reiterated the vital legal principles in order to identify negligence on part of a skilled medical practitioner. The Apex Court has also cited various judgments determining the fundamental aspect required in a medical negligence case.

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