Law:

Section:

(a) Suit for damages--- ----Medical malpractice/negligence---Suit for damages and compen-sation alleging medical malpractice on part of defendant (doctor)---Plaintiff contended that due to negligence of the defendant, who prescribed medicines for high-blood pressure to plaintiff, the plaintiff miscarried on her pregnancy and almost died in a C-section operation---Suit was dismissed by Trial Court---Validity---Plaintiff had failed to provide proof of any defect in the ultrasound machines and quality and maintenance certificates for the same were clear---Plaintiff had admitted that she was suffering form high blood pressure and that medicine prescribed by defendant made her feel better---Plaintiff had approached the defendant for treatment of only blood pressure and medicines were prescribed, therefore, only for high-blood pressure---Record nowhere suggested that defendant/doctor had posed herself as a gynecologist in front of the plaintiff---Plaintiff was not under the sole management of the defendant as she consulted a gynecologist and remained under treatment in a hospital---Record also showed that it was a third C-section of the plaintiff due to her high blood pressure and it was not a result of the defendant's negligence---Plaintiff thus failed to prove any negligence on part of defendant, and the suit was rightly dismissed---High Court dismissed appeal of plaintiff, in circumstances. (b) Tort--- ----Negligence and carelessness---Cause of action---Duty to take care---For the purpose of negligence and carelessness and the duty to take care, the essentials were that negligence in the sense of mere carelessness, would not give rise to any cause of action---Carelessness, however, would assume legal quality of negligence where there was duty to take care and where failure in that duty had caused damages---Duty to take care was, thus, an essential ingredient of the "tort of negligence" and unless such duty was established, no case of actionable negligence could arise. 2010 MLD 134 rel. (c) Suit for damages--- ----Maxim: Res Ipsa Loquitur---Damages, proof of---In a suit for damages, the maxim Res Ipsa Loquitur was to be proved which meant that things (should) speak…

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