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

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January 2022

Private criminal complaint against doctors in case of medical negligence cannot proceed without expert opinion holds Supreme Court

Prabhat Kumar Singh  v/s The State of Bihar & Ors. 
15MLCD (j1) | Supreme Court of India, New Delhi
Judgement in favour of: None

In COVID times “putting the doctors to a criminal prosecution for negligence would lead to create a lot of emotional disturbance”, observes Chhattisgarh High Court

Sanjay Ambastha v/s State of Chhattisgarh & Ors.        
15MLCD (j3) | Chhattisgarh High Court, Bilaspur
Judgement in favour of: Doctor

Not referring to a higher facility but managing an emergency patient - Not an act of omission, holds court

J. N. Shori Multi Speciality Hospital & Anr. v/s Krishan Lal & Anr.
15MLCD (j6) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

“Charter of Patient’s Rights” framed by the National Human Rights Commission relied upon by a Consumer Court in a case of medical negligence for the first time

Gujarat Consumer Protection Council & Anr.   v/s Medical Superintendent, V. S. Hospital & Anr.     
15MLCD (j9) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient

Surgical patient admitted in a medical ward and also left unattended - Court holds hospital negligent

Narendra Kumar Sengar  v/s The Director General, Railway Hospital & Ors. 
15MLCD (j17) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Failure to explain the rationale behind not hospitalising / monitoring regularly – Court draws adverse inference

Gagandeep v/s Chunni Lal Memorial Gulati Hospital & Ors.
15MLCD (j24) | Punjab State Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Patient

Patient suffers from malaria during hospitalisation post-cardiac surgery – Standard protocol was followed, hence no negligence observes court

Baby Shaistha v/s M/s. Wockhardt Heart Centre & Ors.  
15MLCD (j36) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Court gives doctor chance to redeem himself in a case of obvious negligence - Are Indian courts pro-doctors?

Dr. Veena Panda v/s Bijayshree Singh & Anr.   
15MLCD (j39) | Odisha State Consumer Disputes Redressal Commission, Cuttack
Judgement in favour of: None



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