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

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April 2023

A surgeon practising obstetrics for several years competent to perform deliveries as "no extraordinary expertise" required – A questionable proposition from National Consumer Commission

Shahla Imam v/s Dr. Nahid Fatima & Anr.
16MLCD (j123) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Failure to give benefits of government schemes to patients at the outset is deficiency of service - Patients / attendants consent otherwise is irrelevant

The Manager, Dunakhe Hospital v/s Ashok Shantavan Alhat & Ors.
16MLCD (j129) | Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad
Judgement in favour of: Patient

Court observes that failure to perform certain pre-surgery investigations for which no symptoms were present is not negligence

Mrityunjay Kumar & Ors. v/s Pushpanjali Crosslay Hospital & Ors.
16MLCD (j136) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Patient hides past history of GI bleed and also fails to show earlier medical records - Court holds doctor not negligent for prescribing 'Voveran'

Deepak Gupta & Ors. v/s Indraprastha Apollo Hospitals & Ors.
16MLCD (j143) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Court holds doctors / hospitals not negligent as they followed medical texts when investigations were not giving a clear diagnosis

Sushma Dua & Ors. v/s Sir Ganga Ram Hospital & Ors.
16MLCD (j148) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

A sonologist issuing a post-surgery USG report on the hospital’s letterhead where the patient is admitted is legally acceptable, but reporting on a normal paper is not

Maheshwari Nursing Home & Ors. v/s Hemant Kumar Jain & Ors.
16MLCD (j154) | Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal
Judgement in favour of: Patient

Doctor-patient ignored medical advice and started his own practice immediately after PTCA – Infection contracted from own patients not negligence, concludes court

Dr. Devidas Ambadasrao Bhosale v/s Dr. Santosh Kavthale & Ors.
16MLCD (j158) | Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad
Judgement in favour of: Doctor

Claim of Re. 1/- compensation makes the allegation intense, but duty roster comes to the rescue of doctors to prove that the patient was under proper supervision in ICU when critical

Siddhartha S. Mookerjee & Anr. v/s Madhab Chand Mitter & Anr.
16MLCD (j169) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor



How To Get Maximum
    From the Editors Desk

  • Handing Over The Baton – Welcome Dr. Shreekant Shetty, our new Editor

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  • What are the changes that have happened in your journal?

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  • We want you to be acquainted with both sides of the coin

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  • How is this journal made?

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  • How to get the maximum out of this journal

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  • Is this journal the need of the hour?

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  • The First Editorial

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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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