Res Ipsa Loquitur

[...]where the plaintiff (patient in medicolegal cases) is in a position to produce evidence of negligence, res ipsa loquitur is not applicable. Held The commission after hearing both parties and pursuing the record and going through the various case laws on the point of negligence of apex court red...

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Bibliographic Details
Published inIndian journal of medical and paediatric oncology Vol. 40; no. 2; pp. 270 - 271
Main Authors Nilegaonkar, Sujit, Kulkarni, Padmaj
Format Journal Article
LanguageEnglish
Published A-12, 2nd Floor, Sector 2, Noida-201301 UP, India Thieme Medical and Scientific Publishers Pvt. Ltd 01.04.2019
Wolters Kluwer India Pvt. Ltd
Medknow Publications and Media Pvt. Ltd
Medknow Publications & Media Pvt. Ltd
Subjects
Analysis
Consumer protection
Denosumab
Fatalities
Hepatitis
Hospitals
Medical ethics
Medical malpractice
Medical practice
Medical records
Medico-Legal
Negligence
Physician-patient relations
Physicians
Spleen
Surgeons
Ultrasonic imaging
Zoledronic acid
England
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Summary:[...]where the plaintiff (patient in medicolegal cases) is in a position to produce evidence of negligence, res ipsa loquitur is not applicable. Held The commission after hearing both parties and pursuing the record and going through the various case laws on the point of negligence of apex court reduced the compensation from Rs. 87,50,000/- to Rs. 41,00,000/The commission observed – The courts and the consumer fora are not experts in medical science, and must not substitute their own views over that of specialistsThe commission raised the query as to why the process of injecting a needle or puncturing the chest twice to tap pleural effusion was done casually in the casualty section of the hospital and not in intensive care unit? (ICU) Why sonography was not performed while passing or inserting the needle? Henceforth, the doctors will have to rethink as to which procedures are to be performed in casualty or the wards and which in ICU. [...]the question still remains, if the procedure is performed in ICU, whether it can lessen the chances of accusation of negligence or it would still depend on the facts of each case?
ISSN:0971-5851
0975-2129
DOI:10.4103/ijmpo.ijmpo_167_19