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

PREVENTION IS BETTER THAN CURE

  • Incorrect use of metric units / symbols / abbreviations could be construed as negligence

    - Delhi State Consumer Commission | MLCD March 2025

  • Not the complications but a delayed response to complications is negligence

    - National Consumer Commission | MLCD March 2025

  • Counsellors / doctors sharing HIV status with patient’s partner / spouse are not negligent

    - Kerala State Consumer Commission | MLCD March 2025

  • Patient’s unfavourable response / failure of surgery or treatment is not per se negligence

    - Supreme Court | MLCD March 2025

Just Published | March 2025

“There exists no unit or symbol as micro mg” observes court and questions its use by anaesthetist in surgery notes instead of the standard term ‘micrograms / mcg”

M. Venkateshwar Rao & Anr. v/s M/s Banarasi Das Chandiwala Institute of Medical Sciences & Ors.
18MLCD (j97) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Treating doctors not held negligent for the occurrence of complications but hospital held negligent for the delayed transfer

Khandelwal Nursing Home & Research Centre & Ors. v/s Late Mrs. Mona Jain & Ors.
18MLCD (j105) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Counsellor / doctor can share patient’s HIV status with their partners / spouse reiterates court citing NACO guidelines

Dr. Lakshmi Priya N v/s Dr. Sheela Sadashivan
18MLCD (j108) | Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram
Judgement in favour of: Doctor

Supreme Court refuses to hold the doctor negligent “Simply for the reason that the patient has not responded favourably … or that the surgery has failed”

Neeraj Sud & Anr. v/s Jaswinder Singh (Minor) & Anr.
18MLCD (j111) | Supreme Court of India, New Delhi
Judgement in favour of: Doctor

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

July - 2023

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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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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

July - 2024

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