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

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June 2024

Court accepts that an MBBS can perform a 2D ECHO and treat a patient but the results are best interpreted by an MD or DM - Hospital / doctor held not negligent

B. M. Birla Heart Research Centre v/s State of West Bengal & Ors.
17MLCD (j221) | Calcutta High Court, Kolkata
Judgement in favour of: Doctor

"Shortage of doctors on Saturday and Sunday holidays was not a justification for not treating the patient properly", opines court – Hospital held negligent

The Medical Superintendent, Safdarjung Hospital & Anr. v/s Sudhir Kumar Verma
17MLCD (j238) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Consent letter was usual one and did “not reflect that the surgery involved high risk” observes court – Surgeons contention that patient / son were orally informed of high-risk surgery rejected

Thirthankar Superspeciality Hospital & Ors. v/s Manzoor Hussain Nadeem
17MLCD (j241) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Ordering more medicines than necessary, selling medicines above the MRP and forcing the patient to buy from the hospital pharmacy is unfair trade practice, declares court

V. Mythili v/s Joseph Hospital & Anr.
17MLCD (j247) | Tamil Nadu State Consumer Disputes Redressal Commission, Circuit Bench at Madurai
Judgement in favour of: Patient

Doctor performs angioplasty on ‘patient’s insistence’ although the patient was not fit for surgery - Professional negligence holds court

Manohar v/s Dr. Ravi B Patil & Anr.
17MLCD (j250) | Karnataka State Consumer Disputes Redressal Commission, Bengaluru
Judgement in favour of: Patient

Delhi High Courts directs competent courts to proceed ahead with the case of medical negligence “without being influenced by the quantum of punishment” awarded by MCI

Ravi Rai v/s Board  of  Governors  in  Supersession  of  Medical Council & Ors.
17MLCD (j253) | Delhi High Court, New Delhi
Judgement in favour of: None

Court rejects patient’s allegation that no lady gynaecologist was present during surgery despite assurance as the male gynaecologist was chosen by the patient after consulting two lady doctors

Renuka Mall v/s Dr. Mohib Hamidi & Anr.
17MLCD (j258) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

“One can impute some knowledge” to the doctor-patient who could have further ‘googled’ to better understand complications of fasciotomy, observes court

Gaddam Pramatha v/s Sunshine Hospital & Anr.
17MLCD (j264) | Telangana State Consumer Disputes Redressal Commission, Hyderabad
Judgement in favour of: Doctor



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