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May 2024

Issuing opinions / certificates without physically examining patients is professional misconduct but removing doctors name from MCI Register is not the only punishment, holds Delhi High Court

Dr. Neena Raizada v/s Medical Council Of India Through Its Secretary & Ors.
17MLCD (j175) | Delhi High Court, New Delhi
Judgement in favour of: Doctor


Primary doctor telephonically instructing without physically examining the patient is negligent, not the doctor who followed those instructions – A clear verdict by the Court

Maya Sharma & Ors. v/s Raj Hospital & Ors.
17MLCD (j180) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient


A mere adjustment of charges / lucrative discount / package offered by hospital to patient is not an “indicator of medical negligence” declares court

Mahesh Gautam v/s Fortis Escorts Heart Institute & Research Centre Ltd. & Ors.
17MLCD (j195) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor


Post-delivery leave does not “exonerate” the obstetrician from her liability to prescribe antibiotics while discharging the patient observes court

Dr. Fenol Gemma v/s Shaju AX & Ors.
17MLCD (j201) | Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram
Judgement in favour of: Patient


Hospital files criminal case and also withholds deceased patient’s body to recover fees already covered under CGHS – “Barbaric, inhumane, torturous and heinous” observes Court

Bego Devi & Anr. v/s Fortis Hospital & Ors.
17MLCD (j211) | Chandigarh Union Territory Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Patient


Starting ATT treatment merely on clinical suspicion is not enough – Failure to follow up with expansive diagnostic tests / referring patient to consultants is negligence

Kanika Das v/s Surya Polyclinic & Anr.
17MLCD (j216) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient




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