Medical Malpractice Case Study

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Medical malpractice refers to skilled negligence by a health care professional or provider in which treatment provided was below standards, and caused damage, to a patient. In common cases, the medical malpractice or negligence involves a medical error, possibly in diagnosis, drug dosage, wellbeing management, treatment or aftercare. Examples of hospital errors include: Giving the patient the incorrect medication, Leaving possessions inside the patient 's body after surgery, Misdiagnosis, etc. (Nordqvist). According to timesofindia.indiatimes.com (Iyer) World Health Organization believes that one in 10 hospital admissions leads to an unfavourable event and one in 300 admissions in death. While a British National Health System survey in 2009 …show more content…

In my case due to improper duty of care and dereliction baby supun suffered physical pain mental agony and damages during the illness. The baby experienced exhaustion and dehydration several hours before he underwent cardiac arrest and later death. The hospital is totally liable for the damage claimed. In order to prove my case i take a similar case The Cosmopolitan Hospitals And Anr. vs Vasantha P. Nair occurred in India. The ful bench of te supreme court headed by justice V Eradi, A Vijayakar, Y Krishna, B Yadav held as follows. The fact of the case is that, Mr. G.P. Nair was admitted in the hospital on September 7, 1989 with continual back pain. The condition of Mr. G.P. Nair was initially diagnosed in the hospital as tuberculosis and treatment was started. It is clearly witnessed that in the course of said treatment, the patient showed other symptoms and later diagnosed to be a case of jaundice and in view thus he was treated in the hospital for jaundice by one Dr. P.P. Joseph from September 15, 1989. The patient was transferred to the Medical College Hospital only on September 18,1989 and while undergoing treatment there, he departed on September 28, 1989. The complaint petition was then filed by the respondent herein-widow of the deceased seeking to recover a compensation of Rs. 5,67,776/ - and it was later awarded to the pettitioner.

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