Friday, November 27, 2009

Malay Kumar Ganguly v. Dr. Sukumar Mukherjee and Ors. (Crl. A. Nos. 1191-1194 of 2005)

On 7th August, 2009 a two Judges Bench in Malay Kumar Ganguly v. Dr. Sukumar Mukherjee and Ors. (Crl. A. Nos. 1191-1194 of 2005) held that “Medical negligence cannot be attributed for not rendering a facility which was not available.” The Bench however said that “if hospitals knowingly fail to provide some amenities that are fundamental for the patients, it would certainly amount to medical malpractice”

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