英语论文网

gangrenous infection. The complainant was held and the doctors also argued that the operation was done with reasonable care and with expert help and had not caused any handicap.

The complaint had no proper evidence and the Complainant was held to be vexatious and he was held responsible to pay cost of first opposite party.

STRICTURE URETHRA

This is the unusual case which deals with Jayantilal Govindlal Parmar v. Managing Trustee & Ors, the plaintiff claimed he was operated for gall stones, but consequently he developed stricture near the bulbous urethra and as a result, he could not enjoy his sex life and also he could not urinate properly. Finally he had to attend a surgery at a Urological Hospital to become alright and he had to spend really a heavy amount due to the careless performance of his earlier operation. The State Commission was alerted about the case and the complaint was dismissed.

The case was dismissed as the patient had no proper evidence on his side to support his complaint even though he was exploited.

Removal of testes

This is yet another case which revolves around Harjivanbhai Khoda Bhai Gohil v. Dr. Yogendra D Shah, the appellant claimed he was operated for hernia and fistula. During the surgery, the opposite party detached his left testis with the blood vessel even without the complainant’s knowledge.

The State Commission observed the case and held the complainant that the case papers reflected that the abrasion had healed well after the surgery. And also, the consent evidently mentioned the authorization for removal of testis. Cost of Rs.5000/- was awarded to Dr. Shah ,the opposite party, for ill-conceived complaint.

INTERNATIONAL EXPERIENCES OF CONSUMER EXPLOITATION

MEDICAL NEGLIGENCE IN AUSTRALIA

HOW MANY ARE AFFECTED?

The maximum rate of medical error in the world happens in Australia according to World Trade Organization

Around 18,000 people die in hospitals annually through preventable medical negligence in Australia

Around 50,000 people suffer from permanent injury per year in consequence of medical negligence in Australia.

Around 80,000 patients per year are hospitalised due to medical errors committed by the hospitals in Australia

REASONABLE CARE AND NOTHING ELSE?

All medical blunders are not NEGLIGENT. The patient does not have right to claim for compensation just because of the bad outcome during the treatment. A medical blunder is considered negligent only if the doctor has failed to take care of the victim. The law does not need a doctor to act perfectly, but the law requires a doctor take responsible care in treating and taking good care of a patient. It is not too difficult to accomplish.

DOCTORS STICKING TOGETHER

In order to instigate proceedings against a healthcare practitioner, most jurisdictions require that the claimant have no less than one helpful medical-legal opinion, written by a doctor who supports the claimant's case on liability damage and causation.

Lawyers cannot start court procedures without filing an expert report with the claimant's Statement of Claim. This means that you cannot bring a negligence case in court if you can't find a doctor ready to speak-out on your behalf.

The outco