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November 2023

A doctor charging extra fee in emergencies for special skills / expertise – “Nothing was wrong or illegal" even if this fee was not reimbursed by mediclaim observes court

Aashutosh Pramod Srivastava & Anr. v/s Dr. Rahul Patil & Anr.
16MLCD (j415) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor


Starting treatment of H1N1 without waiting for investigation reports in accordance with government guidelines is not negligence holds court

Girdhar Kumar Vaishya v/s Apollo Hospital, Bilaspur & Ors.
16MLCD (j419) | Chhattisgarh State Consumer Disputes Redressal Commission, Raipur
Judgement in favour of: Doctor


Pathologist writes referring doctor’s name on the report, but doctor denies that patient had consulted him – Insisting on written advice / oral confirmation of the referring doctor should be mandatory

Dr. Ajay Gupta & Anr. v/s Gursevak Singh
16MLCD (j429) | Punjab State Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Patient


Practicing ART requires special in-depth knowledge and not routine gynaecology, observes National Consumer Commission – INR 1.30 crores compensation awarded in a case of sperm mixing

Priyanka Tandon & Anr. v/s Bhatia Global Hospital & Endosurgery Institute & Ors. 
16MLCD (j434) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient


Wrong discharge at the wrong time may cost dearly - Hospital directed to pay 1 crore for discharging a pre-eclamptic stable patient within 50 hours instead of 72 hours as stipulated in ACOG guidelines

Baby Samhitha K. S. & Ors. v/s Cloud Nine & Ors.
16MLCD (j440) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient


The patient was first handled in emergency and then entry was made in computers by the billing clerk – Court accepts this clarification on a mismatch in the time of death in hospital bills

Kalpesh Maheshbhai Garange & Ors. v/s M/s Apollo Hospital International Ltd. & Ors.
16MLCD (j445) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Doctor


Court rejects expert opinion given by a foreign doctor that “ERCP is not an appropriate investigation in Western Europe / North America for assessment of abdominal pain”

Padma Jha & Ors. v/s Dr. Sandeep Pandey & Ors.
16MLCD (j448) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor


CCTV proves that the patient was shifted from OT to recovery room “unhurried" and only after complete recovery, contrary to claims of the patient's father, an ophthalmologist

Dr. Shabir Husain v/s Centre For Sight, Delhi & Ors.
16MLCD (j451) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor




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