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Lack of Specialization Not a Ground for Medical Negligence in Patient’s Treatment-NCDRC

  • The patient (Respondent’s late wife) was provided medical care as per prescribed medical standards and protocols for her condition.
  • There was no breach of duty of care by the Appellant hospital or the attending doctors.
  • Appropriate diagnostic tests and interventions were carried out, including:
    • Blood tests, X-rays, CT scan, ECG, and ECHO.
    • Intubation, oxygen mask, dialysis, Lasix injections, and antibiotics.
  • The Respondent failed to present solid evidence of deficiency in service or improper treatment related to kidney and lung issues.
  • No evidence from the subsequent hospital indicated negligence or improper treatment by the Appellant hospital.
  • The Respondent voluntarily discharged the patient against medical advice.
  • The Respondent did not discharge the burden of proving medical negligence.
  • According to legal precedents, including the Bolam Test and the Jacob Mathew case, no medical negligence or deficiency in service is established.
  • The State Commission’s finding of medical negligence is flawed and not supported by a full appreciation of the facts.
  • The treatment provided by the Appellant hospital addressed the kidney and lung issues based on available medical records.
  • There is no documentation or diagnosis from the later hospital visits supporting claims of incorrect treatment.
  • The only claim made was the lack of specialized doctors, which is insufficient to establish negligence.

Conclusion: No cogent basis exists to hold the Appellant hospital liable for medical negligence.