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

PREVENTION IS BETTER THAN CURE

  • Managing an emergency patient beyond specialization is not negligence

    - Delhi State Consumer Commission | MLCD May 2025

  • Delay in registering with the Medical Council is not always negligence

    - National Consumer Commission | MLCD May 2025

  • Miscommunication between treating doctors may be construed as negligence

    - Manipur State Consumer Commission | MLCD May 2025

  • Mere differences of opinion in diagnosis among doctors is not negligence

    - National Consumer Commission | MLCD May 2025

Just Published | May 2025

A medical degree does not matter in emergencies holds court while exonerating a chest physician of negligence for treating a cardiac patient

Dr. Anant Kumar Sinha v/s Nidhi Jain & Ors.
18MLCD (j169) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Court rules that a delay in State Medical Council registration is not negligence if the doctor’s qualification is otherwise recognized by MCI / NMC

Dr. Nayan Thara & Anr. v/s Subaida
18MLCD (j181) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Surgery performed ignoring CT scan report that suggested a correlation with MRI / HPE resulting in patient’s death allegedly due to “a big miscommunication between the doctors”

Sukham Modhusudan Singh v/s Shija Hospital and Research Institute Pvt. Ltd.
18MLCD (j186) | Manipur State Consumer Disputes Redressal Commission, Imphal
Judgement in favour of: Patient

Genuine differences of opinion or differing diagnoses among doctors do not necessarily indicate negligence – National Consumer Commission

Dr. K. Rajesh Reddy v/s Yashoda Hospital & Ors. 
18MLCD (j201) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

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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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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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  • Publishes ‘real time judgments’ on medical negligence from higher courts
  • Every judgment is further summarized in simple, non-legal language
  • Comprehensively guides a doctor on avoiding MedLegal issues
  • Suggests practically useful ‘Do’s & Don’ts’ in day-to-day practice
  • Cases selected / analyzed solely from a doctor’s viewpoint
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