LAXMAN BALKRISHNA JOSHI versus TRIMBAK BAPU GODBOLE AND ANR.

LAXMAN BALKRISHNA JOSHI versus TRIMBAK BAPU GODBOLE AND ANR.

The concurrent findings of the trial court and the High Court that the appellant reduced the fracture without administering general anaesthetic, used excessive force while the patient was under morphia, and thereby caused shock leading to death were supported by evidence and not mere conjecture; accordingly the...

Source-derived case information.

Parties
Appellant: L. B. Joshi; Respondent: T. B. Godbole
Jurisdiction
India
Judgment Date
02 May 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Bombay High Court
Outcome
Appeal dismissed with costs
Legal Topics
Duty of Care, Standard of Care, Causation, Damages, Fatal Accidents Act (xiii of 1855)
Tort Medical Negligence Professional Negligence Duty of Care Standard of Care Causation Damages Fatal Accidents Act (xiii of 1855)

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Parties

L. B. Joshi

Appellant

T. B. Godbole

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Bombay High Court

Legal Issues

  1. 1 Whether the surgeon was negligent in reducing a femur fracture without general anaesthetic and by using excessive force while the patient was under morphia
  2. 2 Whether the treatment was reduction of the fracture or mere immobilisation with light traction
  3. 3 Whether concurrent findings of the trial and High Court should be reopened

Ratio Decidendi

The concurrent findings of the trial court and the High Court that the appellant reduced the fracture without administering general anaesthetic, used excessive force while the patient was under morphia, and thereby caused shock leading to death were supported by evidence and not mere conjecture; accordingly the appellant was guilty of negligence and liable for damages and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.
  • Award of Rs. 3,000 to the respondents affirmed.