Derilious patient jumps out of the Window. Hospital held negligent

Held :

1) The Ld. Trial Judge after going through the Evidence held that having regard to the precarious health condition of the plaintiff, it cannot be accepted that plaintiff had jumped out of window on his own and this being the case of res ipsa loquitur ( meaning "the thing speaks for itself" i.e. a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened) the Hospital has failed to prove the absence of any negligence and due care and attention on its part

2) The lower division. Trial court Judge concluded that, in the present case, the hospital should be held liable for not maintaining the necessary vigil in the hospital premises to ensure the safety
of its patients and it is on account of the absence of such vigil that the plaintiff, despite his poor health, was able to walk around and in the process had sustained the injuries in question and awarded damages of Rs. 7 laks

3) The judgment of Trial Court was confirmed by Hon. Delhi High Court, but it enhanced the compensation to Rs.11 laks. In Apex court Plaintiff filed appeal for enhancement to Rs.25 laks, whereas Hospital approached for quashing of both the orders. The Apex court dismissed both the appeals as there was concurrent finding of lower Courts on Negligence as well as upon damages.

Its indeed an interesting, but unfortunate case. Broadly speaking, with due respect to their Lordships, I personally find that the Hospital was not liable.What was its real fault ? Whether all such patients go on strolling ? What is the liability of patient's sister in this case ? I do not know what evidences were brought before the trial Court, but Had there been CC TVs in 1988, the findings would have been different.

But certainly another lesson for all the Medicos, isn't it ? now put a board outside the rooms, Strolling at your own risk ..

Thanks and Regards

Adv. Rohit Erande
Pune.

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