Asked September 22, 2016

Medical treatment, negligence and compensation

  • 1 Answer

I Had Laser treatment ( session - 8) on 14-08-2016, and they burnt my leg that blisters and scars formed and i suffered from acute pain n trauma. So they agreed to refund me the amount of RS. 35000 that i paid them for getting the treatment. its been more than an year that i am taking this treatment and i never suffered from these injuries .Also the primary objective of this treatment was to reduce hair growth and till now no reduction has been seen. i have already taken 8 sessions. i started taking this treatment in January 2015. now that my legs are little better, they are not agreeing to continue my treatment of laser hair reduction saying that they are refunding me the entire amount and thus they wont give me laser treatment. Kindly suggest what should be my Action?

Answer 1

Default avatar
Prafful Goyal

The facts are not complete, but, if I assume that you have an agreement with the hospital for your laser treatment of more than 8 sessions or till the disease is cured, then, surely a case can be made up against the hospital. In such a situation, if the hospital has refused to provide you with the treatment, then, they are in the breach of the contract and liable to you. You can demand specific performance of the contract by the hospital for the remaining contract through courts. However, for specific performance, either of the three conditions need to be satisfied:

  • If there exists no standard for ascertaining the actual damage caused by the non-performance of the act which agreed to be done
  • When pecuniary compensation for its non-performance would not afford adequate relief.
  • When it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done
  • In your case, all the three conditions can be satisfied as it is quite clear that there is no standard for ascertaining the damage caused to you by non-performance of the treatment by the hospital. Further, the loss caused to you cannot be adequately monetary compensated. Hence, it is advisable that you consult a lawyer and file a case against the hospital for specific performance of the contract.

    Agree Comment 0 Agrees about 5 years ago

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