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Ronit Raj, a ...

Question

Ronit Raj, a marketing manager is a patient of diabetes for which he takes medicines regularly. One day, on his tour to Patna, he met with an accident and was hospitalized. Due to doctor's negligence, a delicate nerve of his right leg was cut rendering him crippled throughout his life
Identify the consumer tight that has been violated by the doctors under the Consumer Protection Act, 1986, the above situation.

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Solution

Right to safety

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Q. LEGAL PRINCIPLES:
1. Medical professionals are not immune from liability in tort on ground of negligence.
2. Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fall in the definition of "service" under the Consumer Protection Act, in case of negligence, the doctors are liable in tort as well as under the Consumer Protection Act.
FACTUAL SITUATION: A was the only child of his parents. Once he had high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in Delhi. The doctor administered certain medicines and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died. The parents sued the nurse and the doctor.
DECISION:

Q. LEGAL PRINCIPLE:
(1) Medical professional are not immune from liability in tort on ground of negligence.
(2) Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fail in the definition of "service" under the Consumer Protection Act. In case of negligence, the doctors are liable in tort as well as under the Consumer Protection Act.
FACTUAL SITUATION:

A was the only child of his parents. Once he had high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in Delhi. the doctor administered certain medicnes and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died. The parents sued the nurse and the doctor.
DECIDE.

Q. Rakesh bought skincare products which claimed that the products were clinically tested. After using them, he got burns on his skin. His friend Ravina advised him to file a complaint under the Consumer Protection Act, 1986.

What is the purpose of this Act?

Q. A person was riding a two-wheeler without wearing a helmet. He met with an accident and sustained a head injury. He was dead before he was shifted to the hospital and it was found that his death was due to breathlessness and heart failure. Which part of his brain might have been damaged? Justify your answer.

Q. A certain road accident patient with unknown blood group needs immediate blood transfusion. His one doctor friend at once offers his blood. What was the blood group of the doctor?

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