Court : National Consumer Disputes Redressal Commission NCDRC
..... the complainant is fully in consonance with the ethical code contained in the indian medical council ( professional conduct, etiquette and ethics) regulations, 2002 framed by the medical council of india in exercise of powers conferred under section 20a read with section 33 (m) of the indian medical council act, 1956 ( 102 of 1956). according to him, the said advertisement ..... this context, we may notice the injunction of the medical council of india under regulation no.6.1 of the code of ethics regulations 2002, which reads as under:chapter 66. unethical acts: a physician shall not aid or abet or commit any of the following acts, which shall be construed as unethical 6.1 ..... the prk surgery at the hands of the respondent-doctor. the respondent-doctor denies that he had given any such assurance / promise. the expert medical opinion received from the rajendra prasad centre for opthalmic sciences would clearly show that such a claim as was published in the above mentioned advertisement was .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... and surgical, would fall within the ambit of service as defined in section 2(1) (o) of the act. (2) the fact that medical practitioners belong to the medical profession and are subject to the disciplinary control of the medical council of india and/or state medical councils constituted under the provisions of the indian medical council act would not exclude the services rendered by them from the ambit of the ..... act. (3) a contract of personal service? has to be distinguished from a contract for personal services?. in the absence of a relationship of master and servant between .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... and surgical, would fall within the ambit of service as defined in section 2(1) (o) of the act. (2) the fact that medical practitioners belong to the medical profession and are subject to the disciplinary control of the medical council of india and/or state medical councils constituted under the provisions of the indian medical council act would not exclude the services rendered by them from the ambit of the ..... act. (3) a contract of personal service? has to be distinguished from a contract for personal services?. in the absence of a relationship of master and servant between .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... statutory rules or executive instructions incorporating certain guidelines need to be framed and issued by the government of india and/or the state governments in consultation with the medical council of india. so long as it is not done, we propose to lay down certain guidelines for the future which should govern the prosecution of doctors for ..... , must be of such a high degree as to be gross?. the expression rash or negligent act? as occurring in section 304-a ipc has to be read as qualified by the word grossly?. (7) to prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do ..... with the new-born babys asphyxia nor in treating the mother for her sudden complication of atonic post-partum hemorrhage (pph) did the appellant/op doctors commit any act of medical negligence. (vi) even otherwise, the onus to prove the allegations of negligence was on the respondents. the respondents produced no expert to do so. on the .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... must be of such a high degree as to be gross. the expression rash or negligent act as occurring in section 304a of the ipc has to be read as qualified by the word grossly. 7. to prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed ..... cervix. therefore, radical hysterectomy was the only right surgical option. learned counsel for the appellant explained the import and relevance of this procedure with the help of medical literature on radical hysterectomy radical hysterectomy. the standard surgical treatment for stages ib and iia cervical carcinomas is radical (type iii) hysterectomy and bilateral pelvic lymph node ..... apex court has also gone over some of the decision in the past to bring out how the general principles of medical negligence have been applied to particular cases. one of the decisions discussed is in consumer protection council vs. dr. m. sundaram (1998) 2 cpj 3 (nc), its facts were very similar to those of .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... same report got filed before the state commission. (b) the second is a report dated 04.03.1998 of the division of pathology of the national institute of nutrition (indian council of medical research), hyderabad. this report reads as under: slides for opinion sr. no. 7/98 date: 4.3.98 name: d. h. kumari age: 46 sex: ..... over a century, the treatment of breast cancer was based on halsteads theory, which taught that breast cancer spreads by direct permeation to regional nodes. these nodes act as filters from where disease spreads further up, once they are overloaded with tumor cells. this concept was the basis of radical mastectomy, wide removal of a ..... emotional stress and depression. her daughter, complainant no. 3, was of marriageable age and she too was adversely affected by kumari's condition. (v) for the said alleged acts of negligence, the complainants claimed from nims a total compensation of rs. 20 lakh, comprising rs. 10 lakh as compensation for trauma, mental agony, etc., to herself, .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... 5.4.2013, the honble supreme court enhanced the compensation to 15 lakh. 16. the petitioner herein should be liable for medical negligence, mental agony and protraction of case. the complainant lost his young son who had bright future. accordingly, we dismiss ..... the honble supreme courts judgment in poonam verma v. ashwini patel case, has taken into consideration of the decision of privy council in the year 1937, reported as (1937) 1 mlj 197. in this case, the honble supreme court made an attempt ..... also disputed in the case that the death of complainants son dilip in pending before cjm, harda under section 304a, ipc bearing its case no.2220/06. 11. that he professes as a physician regarding ayurvedic medicines injections of allopathic drugs ..... fact that during high fever an injection was given which resulted in immediate death of dilip establishes sufficient nexus between the act of the doctor and result as death. he cannot escape from his liability to pay compensation to the complainant for .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... been observed that the length of the tract reduces 1 cm per week. the technique has been scientifically developed and clinically evaluated. indian council of medicine and research, the apex body of medical research in india has conducted clinical trials of kshar shutra therapy in the diseases fistula-in-ano, at four centres including aiims. the ..... defendant has not adopted it; and (3) that the course in fact adopted is one no professional man of ordinary skill would have taken had he been acting with ordinary care.? the above said three tests have also been stated as determinative of negligence in professional practice by charlesworth and percy in their celebrated work ..... ayurveda in india. many people are unaware of this fact that bams doctors can practise modern/allopathic medicine. according to the privileges in the drugs and cosmetics act, 1945 section 2ee, states have right to allow bams doctors to use modern medicine, in the practice [from wikipedia, the free encyclopedia]. 9. now we .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... be accepted.? 7. in support of its contention, learned counsel for the petitioner bank has relied on the observations of the honble supreme court in the case of indian medical association vs. v.p. shantha and ors. [1995) 6 scc 651]. taking note of the well-recognized distinction between contract of service? and contract for ..... the petitioner bank and as such her complaint should not have been entertained by the fora below as a consumer complaint under the consumer protection act, 1986. counsel for the indian banks association, i.e., respondent no.2 supported the submissions made by counsel for the petitioner bank. on the other hand, learned amicus ..... the employees are required to contribute have been regarded as being covered by the definition of consumer dispute with reference to their maintainability under the consumer protection act, 1986. this being the well settled legal position, the cases where such matters, namely, the employees pf schemes, pension schemes or family pension schemes .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... the delay, if sufficient cause is shown for not availing the remedy within the stipulated time. the expression "sufficient cause" employed in section 5 of the indian limitation act, 1963 and similar other statutes is elastic enough to enable the courts to apply the law in a meaningful manner which sub serves the ends of justice ..... petitioner has nowhere mentioned about the nature of ailment and what treatment he has undergone ; as to whether he was confined to bed or not. no medical evidence with regard to the ailment or treatment has been placed on record by the petitioner. application for condonation of delay is absolutely vague and without any legal ..... the special appeal leave petitions stands properly explained. this is the basic test which needs to be applied. the true guide is whether the petitioner has acted with reasonable diligence in the prosecution of his appeal/petition.? 15. further, honble supreme court after exhaustively considering the case law on the aspect of condonation .....
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