Medical Law Cases - For Doctors

Just Published | February 2025

Surgeon ventures to perform elective high-risk angioplasty assuming patient / daughter both doctors knew the risks – Court holds surgeon cannot “shirk” this responsibility

Dr. Manju Dadu v/s Fortis Escort Heart Institute & Research Centre & Ors.
18MLCD (j47) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Incorrect diagnosis or referral to another hospital based on that diagnosis is not per se negligence rules court

Dr. Ambujaksha Sinha Mahapatra & Anr. v/s Amalendu Bhattacharjee
18MLCD (j53) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Excisional biopsy is a diagnostic procedure not a surgery and even non-surgeons can perform it declares court

Hridaylal Sahu & Ors. v/s Dr. Roshan Upadhyay & Anr.
18MLCD (j59) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Doctor admits to not recording / removing broken guide wire left in patient’s body assuming it’s biocompatible - Court holds him liable!

Thumu Latha v/s Prathima Institute of Medical Sciences & Ors.
18MLCD (j65) | Telangana State Consumer Disputes Redressal Commission, Hyderabad
Judgement in favour of: Patient

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PREVENTION IS BETTER THAN CURE

Failing to explain risks to doctor-patients while assuming they are aware is negligence

- National Consumer Commission | MLCD February 2025

Referrals based on incorrect diagnoses are not always negligence

- National Consumer Commission | MLCD February 2025

Non-surgeons performing excisional biopsies are not negligent

- National Consumer Commission | MLCD February 2025

Failure to record / remove a broken guide wire left in a patient’s body is negligence

- Telangana State Consumer Commission | MLCD February 2025

Just Published | February 2025

Surgeon ventures to perform elective high-risk angioplasty assuming patient / daughter both doctors knew the risks – Court holds surgeon cannot “shirk” this responsibility

Incorrect diagnosis or referral to another hospital based on that diagnosis is not per se negligence rules court

Excisional biopsy is a diagnostic procedure not a surgery and even non-surgeons can perform it declares court

Doctor admits to not recording / removing broken guide wire left in patient’s body assuming it’s biocompatible - Court holds him liable!

Most Popular

Doctor provides his own and his wife’s mobile number for emergencies, but mobile was switched off when contacted - Deficiency of service observes court

Patient signs a consent but that surgery gets postponed for 2 days due to medical reasons - Old consent is valid holds National Consumer Commission

Issuing opinions / certificates without physically examining patients is professional misconduct but removing doctors name from MCI Register is not the only punishment, holds Delhi High Court

Surgeon who assisted the principal surgeon also held liable – “As a surgeon he has duty towards the patient and decision making” observes National Consumer Commission

Supreme Court doubles the compensation granted by lower court as consequences of medical negligence directly affected the patient's social / professional life

Initial consent is sufficient for invasive procedures such as inserting Central Venous Line / Ryles Tube during emergencies – National Consumer Commission

Displaying Registration number in the OPD / clinic is not enough, it should also appear on the prescription / stationery of every doctor

A doctor stocking drugs even in small quantities without the requisite licenses is criminally liable – Supreme Court modifies order of imprisonment to penalty citing lack of ill-intention

Know Your Journal

From the Editors Desk

PREVENTION IS BETTER THAN CURE

Failing to explain risks to doctor-patients while assuming they are aware is negligence

- National Consumer Commission | MLCD February 2025

Referrals based on incorrect diagnoses are not always negligence

- National Consumer Commission | MLCD February 2025

Non-surgeons performing excisional biopsies are not negligent

- National Consumer Commission | MLCD February 2025

Failure to record / remove a broken guide wire left in a patient’s body is negligence

- Telangana State Consumer Commission | MLCD February 2025

Just Published | February 2025

Surgeon ventures to perform elective high-risk angioplasty assuming patient / daughter both doctors knew the risks – Court holds surgeon cannot “shirk” this responsibility

Incorrect diagnosis or referral to another hospital based on that diagnosis is not per se negligence rules court

Excisional biopsy is a diagnostic procedure not a surgery and even non-surgeons can perform it declares court

Doctor admits to not recording / removing broken guide wire left in patient’s body assuming it’s biocompatible - Court holds him liable!

Most Popular

Doctor provides his own and his wife’s mobile number for emergencies, but mobile was switched off when contacted - Deficiency of service observes court

Patient signs a consent but that surgery gets postponed for 2 days due to medical reasons - Old consent is valid holds National Consumer Commission

Issuing opinions / certificates without physically examining patients is professional misconduct but removing doctors name from MCI Register is not the only punishment, holds Delhi High Court

Surgeon who assisted the principal surgeon also held liable – “As a surgeon he has duty towards the patient and decision making” observes National Consumer Commission

Supreme Court doubles the compensation granted by lower court as consequences of medical negligence directly affected the patient's social / professional life

Initial consent is sufficient for invasive procedures such as inserting Central Venous Line / Ryles Tube during emergencies – National Consumer Commission

Displaying Registration number in the OPD / clinic is not enough, it should also appear on the prescription / stationery of every doctor

A doctor stocking drugs even in small quantities without the requisite licenses is criminally liable – Supreme Court modifies order of imprisonment to penalty citing lack of ill-intention

Know Your Journal

From the Editors Desk

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