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The medical law reporters for Indian doctors
The medical law reporters for Indian doctors

PREVENTION IS BETTER THAN CURE

  • Not filing a fresh admission form in readmissions shortly after discharge is not negligence

    - National Consumer Commission | MLCD December 2025

  • Off-duty doctor’s failure to examine patient after a teleconsultation is not negligence

    - Kerala High Court | MLCD December 2025

  • Adopting a textbook-listed procedure is neither ‘experimental’ nor negligence

    - National Consumer Commission | MLCD December 2025

  • Private hospitals engaging government doctors might lose insurance coverage

    - National Consumer Commission | MLCD December 2025

Just Published | December 2025

No fresh admission form taken for a readmission immediately after discharge “simply reflects standard administrative practice” not fraud, observes court

Dr. Sharad Lakhotia v/s Dr. Prakash Sharma & Ors.
18MLCD (j515) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Off-duty doctor telephonically instructs nurse at 4 am – Kerala High Court rules even an adverse outcome is not criminal negligence

Dr. Joseph John v/s The State of Kerela & Anr. 
18MLCD (j529) | Kerala High Court, Ernakulam
Judgement in favour of: Doctor

Court accepts surgeon’s defence that the alleged ‘experimental’ procedure was listed among the “130 procedures” in a standard textbook

Sabita Rastogi v/s Indian Spinal Injuries Centre & Anr.
18MLCD (j534) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Insurer refuses to indemnify private hospital because a government surgeon performed the surgery – A caution for hospitals

Amardeep Hospital and Research Centre Pvt. Ltd. v/s Ranjit Singh & Anr.
18MLCD (j540) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

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

June - 2023

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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

January - 2023

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

November - 2022

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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

May - 2024

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

August - 2024

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

January - 2024

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High Court quashes criminal proceedings under POCSO – Rules doctors not bound to “investigate and gather knowledge” about patients’ age, but will believe what is disclosed to them

August - 2025

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Hospital administrators / owners / staff can be held criminally liable ‘vicariously’ even if they were not directly involved in treating a patient – Rajasthan High Court specifies the conditions

September - 2025

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  • Publishes ‘real time judgments’ on medical negligence from higher courts
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  • Cases selected / analyzed solely from a doctor’s viewpoint
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