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

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August 2024

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

J. Douglas Luiz v/s Manipal Hospital
17MLCD (j309) | Supreme Court of India, New Delhi
Judgement in favour of: Patient

Failure of surgeon to take extra care by keeping a physician present during surgery of an asthmatic patient is not criminal medical negligence – Gujarat High Court

Vinodkumar Chandanlal Gautam v/s The State of Gujarat & Anr.
17MLCD (j311) | Gujarat High Court, Ahmedabad
Judgement in favour of: Doctor

Laboratory’s plea that it acted in accordance with Gulf Cooperation Council (GCC) rules rejected – “The law of the land”, NACO guidelines ought to have been followed observes court

Gundala Hariprasad v/s SL Diagnostic Private Limited & Ors.
17MLCD (j321) | Telangana State Consumer Disputes Redressal Commission, Hyderabad
Judgement in favour of: Patient

A doctor not taking a detailed history of prior ailments of a 'transferred 'emergency patient which could have caused complications later is not negligence holds court

Rajani Kumari P. V. v/s Poyyanil Hospital & Ors.
17MLCD (j326) | Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram
Judgement in favour of: Doctor

Court observes ER is for emergency and OPD for non-emergency patients - Delay in diagnosing / treating the patient who was at OPD not held as negligence

Col. Jeetendra Gulati (Retd.) v/s Max Super Speciality Hospital & Ors.
17MLCD (j334) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Is the hospital liable if the patient's doctor-relative selects the wrong type of ambulance to transfer the critical patient after taking DAMA / LAMA?

Dr. Veena Mattu & Anr. v/s Saket City Hospital & Anr.
17MLCD (j339) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Failure to at least record a 'negative consent' if patient’s relatives were reluctant for LSCS forces the court to reject this defence of obstetrician

K. C. Sharma Poly Clinic & Ors. v/s Naveen Prashar & Ors.
17MLCD (j346) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Urologist removes ovary / fallopian tube way beyond expertise, without plausible explanation, needlessly causing functional disability in a young girl - Too much to explain for the doctor

Dr. Ch. Ravinder Rao & Anr. v/s Aitha Yashaswini & Anr.
17MLCD (j349) | Telangana State Consumer Disputes Redressal Commission, Hyderabad
Judgement in favour of: Patient



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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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