Legal Question in Consumer Law in India

1 A patient admitted for delivery developed bleeding disorder in mofussil area referred to a corporate hospital where patients relatives got her discharged against medical advice , later admitted in a govt medical college where major surgery was done , patient died in the same govt hospital in hospital 2 days postoperatively ,now the husband of the deceased conferred power of attorney to a third person who is not the legal heir of the deceased exclusively to claim compensation against the doctor who initially treated her in the first hospital . whether this power of attotney is comptetant to file case against the doctor and nursing home ?

2.The district consumer forum brushed aside the appeal of the nursing home to dismiss the case by the general power of attorney by having quoted the reference sub section (b) (v) of section 2 of the consumer protection a act 1986 section 12 and paragraph despite honourable supreme court order and slapped a fine of Rs 500 against the nursing home for dragging the matter vexatiously . whether the slapping of the fine by district consumer forum is in order ?

3. When three hospitals were involved in management and treatment of the disease whether the plea of the consul of the diseased to exonorate two major hospitals assuming as though negligence has occured in initial hospital where the patient was treated and refusing to get any expert opinion . whether this is sustainable , when the prima facie of negligence has to be determined by only expert team of doctors .

i will be thankful if we can have legal opinion by attorney


Asked on 4/07/13, 7:39 am

2 Answer from Attorneys
Jayesh Desai Jayesh Desai

From what you have stated it seems that, relatives have acted contrary to medical advise. Hence, the case may not be successful against the nursing home, and in any event, it is a matter of opinion of Medical experts, as judge is not a medical expert, he needs to rely upon expert opinion in the present case.

Unless a clear cut case is made out final out come may be difficult to hold the nursing home guilty. What the Consumer Forum has done seems to be correct at initial stage.

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Answered on 4/08/13, 12:39 am


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