Dr.Suseela, MBBS., W/o B.Govinda Rajulu
Hindu, aged 45 years, Private Medical Practitioner
Uma Clinic, Peda Waltair,VisakhapatnamRespondent/opposite party no.3
Counsel for the Appellants
Counsel for the Respondents No.1 & 2 Counsel for the Respondent no.3
QUORUM:
AND
SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER
Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)
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2. Ischiorectal Abscess was drained under general anaesthesia. KingGeorgeHospital
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8. `1,00,000/- to the complainants together with costs of`10,000/-.
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14. After the operation the patient was shifted to ICU.
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The practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very highest nor a very low degree of care and competence judged in the light of the particular circumstances of each case is what the law requires.
16. In V. Kishan Rao v. Nikhil Super Specialty Hospital and another reported in
47.In a case where negligence is evident, the res ipsa loquituroperates and the complainant does not have to prove anything as the thing (res) proves itself. In such a case it is for the respondent to prove that he has taken care and done his duty to repel the charge of negligence.
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18. `60,000/- that was incurred by him towards the expenditure at opposite partyno.1 hospital for the treatment of his deceased daughter. `60,000/- and neither he nor his wife would not claim any amount in this record from the opposite parties no.1 and 2. The District Forum has awarded`1,00,000/- with costs of`10,000/-.`60,000/- to the complainants. `10,000/- awarded towards costs and hold good the direction for payment of`1,00,000/- towards compensation out of which the complainants’ had already received a sum of`60,000/- and thus the opposite parties no.1 and 2 are liable to pay an amount of`40,000/- to the complainants.
19. `40,000/- to the complainants.
KMK*
