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

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May 2022

Doctor / hospital absent in court yet not held negligent - Court refers to well written medical records

Dr. Mohmed Hanif Ibrahimbhai Vadaliwala & Ors. v/s The Administrator and Controller of Shalby Hospitals & Anr.
15MLCD (j173) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Doctor

Patient consulted too many doctors and visited too many hospitals observes court - Hospital / doctors held not negligent

Des Raj Singla & Ors. v/s Dayanand Medical College & Hospital & Ors.
15MLCD (j181) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Patient with rare blood group and chances of unexpected bleeding – Failure to keep blood ready / standby shows lack of "reasonable skill and care"

Tate Hospital & Anr.  v/s Sushrut Brahmabhatt & Ors. 
15MLCD (j185) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

‘Expected Complications’ as a defence – Whether appropriate steps to prevent / recognise / manage complications were taken by the doctor will be taken into account by courts

Shreya Nimonkar  v/s Dr. Seema Shanbhag & Anr.   
15MLCD (j191) | Maharashtra State Consumer Disputes Redressal Commission, Mumbai
Judgement in favour of: Patient

Simple laparoscopy took 5.30 hours! Court's suspicion about what went wrong inside OT gets confirmed in the absence of medical records

Saurin Clinic & Ors. v/s Rekhaben Ishwarbhai Patel & Ors.    
15MLCD (j204) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient

Hospitalizing patients under a team of doctors – Need for clearer protocols in India

Molla Sirajul Islam v/s Dr. L. N. Tripathi & Ors.
15MLCD (j209) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Doctor

Exhausted 'memory capacity' of computers hard drive cited as the reason behind deletion of procedure’s images - Is the hospital administration listening?

Neera Arya & Ors. v/s Batra Hospital & Medical Research Centre & Ors.
15MLCD (j215) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Patient can simultaneously sue a doctor for negligence before civil, criminal and consumer courts as well as Medical Council

Ratna Ghosh & Anr. v/s Dr. P. K. Agarwal & Ors.
15MLCD (j220) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: None



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