Indian Medical Association vs V.P. Shantha- An Analysis
Connected with this question was other the question whether the service rendered at a hospital/nursing home can be regarded as ‘service’ under Section 2(1)(o) of the Act. Here it is…
The legal difference between occupation and profession- Supreme court’s view
The word `profession' used to be confined to the three learned professions, the Church, Medicine and Law. It has now, I think, a wider meaning.
Consumer Protection Act, 1986- In Brief
Background On April 9, 1985, the General Assembly of the United Nations, by Consumer Protection Resolution No. 39/248, adopted the guidelines to provide a framework for Governments, particularly those of…
A.S. Mittal & Ors vs State of U.P- An analysis
The case of ‘A.S. Mittal & Ors vs State Of U.P.: 1989’ is an important case on ‘medical negligence in charity eye camps’ and also on ‘medical negligence’. It is…
Kasturilal Ralia Ram Jain vs The State of Uttar Pradesh-A Analysis
The case of Kasturilal, which is also known as ‘gold case’ is considered a landmark case in law of torts regarding vicarious liability of the state for the wrongful acts…
State of Rajasthan v. Vidyawati- A Full Analysis
State of Rajasthan v. Vidyawati;1962 AIR 933 Every person who read law, is supposed to compulsorily know the case of ‘State of Rajasthan v. Vidyawati’ (1962). Without reading this, law…
Article 300- A history and brief analysis
Indian Constitution does not immune the state from any type of liability against its citizens. But, it gives the power to the citizens of India to sue ‘Government of India’…
Medical Negligence III- Bolam Test and the extent of its application in India
Bolam Test The test with regard to the negligence of a doctor was laid down in Bolam Vs. Friern Hospital Management Committee ( 1 WLR 582 ). It was to…
Medical Negligence II- Vicarious liability of State for the negligence of its employees
Vicarious liability means to hold liable the employer or master for the wrongful act of its employee or servant. And negligence means, Negligence is the omission to do something which…
Medical Negligence I- The standard of reasonable care in medical case
Achutrao Haribhau Khodwa vs State of Maharashtra and Ors, 1996 SCC (2) 634 The present case is important in case laws related to medical negligence. This case also cleared out…