Mrs. Sheela Hirba Naik Gaunekar VS Apollo Hospitals Ltd., Chennai

stethoscope, hospital, doctor

FACTS OF THE CASE:

The complainant is the wife of the deceased who underwent angioplasty treatment in the Apollo hospitals

The deceased died shortly due to heart attack

The complainant wife filed a complaint before the commission alleging that the death was due to the medical negligence of the hospital and due to deficiency of service

The commission concluded that there was negligence and awarded a compensation of rs 2 lakhs along with interest

The learned counsel contends that after recording all the findings against the hospital authorities,the commission erred in awarding just rs 2 lakh compensation on account of death of the deceased


ISSUE:

Whether the hospital is liable for medical negligence or not ?

Whether the wife will be entitled to more compensation or not ?

 

RATIO DECIDENDI:

Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their consumers.

Any fault, shortcomings, inadequacy, and imperfection in the quality, nature or manner of performance of the service is a deficiency.

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