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

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January 2024

Displaying Registration number in the OPD / clinic is not enough, it should also appear on the prescription / stationery of every doctor

Somnath Pal & Ors. v/s Dr. Somendra Saha
17MLCD (j1) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Patient

Striking off the name of a doctor from the Indian Medical Register is akin to a “civil death” of his/her professional career - Delhi High Court

Dr. Pramod Batra v/s Medical Council of India & Anr.
17MLCD (j12) | Delhi High Court, New Delhi
Judgement in favour of: Doctor

Connecting a Bypass Machine within 30 minutes in a cardiac arrest is “not belated” / negligence - Supreme Court observes specifically that no adverse inference must be drawn on the doctors “professional competence”

Upendra Kaul v/s S. C. Mathur (Dead) Thr Lrs. & Anr.
17MLCD (j23) | Supreme Court of India, New Delhi
Judgement in favour of: Doctor

Can a private laboratory be forced to charge at a subsidized rate like a government hospital? Court says no if government fixes no rates

Arpit Chauhan v/s Chauhan Clinical Laboratory & Ors.
17MLCD (j25) | Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla
Judgement in favour of: Doctor

A classical dilemma faced by doctors / hospitals – Hospital held negligent for transferring the infant immediately after birth rather than calling a pediatrician

Sanjeev Kallappa Kolkar v/s Shree Daneshwari Hospital & Ors.
17MLCD (j28) | Karnataka State Consumer Disputes Redressal Commission, Bengaluru
Judgement in favour of: Patient

Court rejects the defence that the prescription was merely written by an AYUSH doctor but dictated / signed by an allopath – Doctors / hospital held negligent

Dr. Ajay Singh Pundeer & Anr. v/s Shamsher Singh & Anr.
17MLCD (j34) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Laboratory harps on ‘technical glitch’ for failing to give investigation reports although the cardiologist had mentioned the urgency – No proof / explanation finds court

Bikash Saha v/s Dr. Lal Pathlab & Ors.
17MLCD (j40) | West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri
Judgement in favour of: Patient

District Bar Association passes a resolution that no lawyer should appear for the hospital – What will happen to healthcare if this continues?

Mitera Hospital Pvt. Ltd. & Ors. v/s T N Rajesh & Ors.
17MLCD (j43) | Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram
Judgement in favour of: None



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  • Publishes ‘real time judgments’ on medical negligence from higher courts
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