The medical law reporters for Indian doctors
The medical law reporters for Indian doctors
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2024
September
Patient self-extubating in ICU? Court questions standard of care expected in hospital’s critical care setting
Patient’s ‘restless nature’ reason for IV displacement says hospital – Doctors’ / Nursing staff’s duty to “take special care” observes court
August
Exhausted ‘memory capacity’ of computer’s hard drive cited as the reason behind deletion of procedure’s images - Is the hospital administration listening?
Court expresses need for uniform angiography reporting in the interest of the patient - Further observes that it cannot be left for individual interpretation
July
Patient develops malaria during hospitalisation, post-cardiac surgery - Standard protocol was followed, hence not negligence
Failure to explain the rationale behind not hospitalising / monitoring regularly - Court draws adverse inference
June
Reporting terminal ailments - Merely stating “advised to correlate the report with clinical findings” not enough to escape legal liability
Court holds surgeon not negligent, but hospital negligent for the post-surgery ‘mischief’ committed by its staff
May
Court appreciates gynaecologist for taking opinion of more experienced peers when patient turns critical - Holds this is not an unauthorised involvement
Court accepts doctors need to upgrade their skills - Attending conferences even if a patient is admitted / critical is not negligence
April
In this atmosphere of distrust, how does a doctor prove that a key-hole surgery was performed? Court relies on detailed documentation, overlooks typo error
Stabilizing a critical patient and not shifting to higher centre is not negligence, holds National Consumer Commission
March
Hospitalizing patients under a team of doctors - Need for clearer protocols in India
Failure to keep blood ready / on standby for patient with rare blood group shows lack of “reasonable skill and care”
February
‘Expected Complications’ – Whether or not steps were taken to prevent, recognise and / or manage them by doctors will be taken into account by courts
Patient consulted too many doctors and visited too many hospitals, observes court - Hospital / doctors held not negligent
Simple laparoscopy took 5.30 hours! Court’s suspicion about what went wrong inside OT gets confirmed in absence of medical records
January
Hospital is liable for the quality of implants purchased under it’s name on the invoice says court
Doctor & hospital had indemnity cover of 5 lakhs each but court awards 50 lakhs as compensation - Need for contemplation regarding amount of insurance cover
2023
December
Is recurrence of kidney stone 2 years after surgical removal negligence? Court says no
Anaesthetist records irrelevant facts that are not normally mentioned - Court observes “doctor is trying to escape from his liability”
November
Surgical patient admitted in a medical ward and also left unattended - Court holds hospital negligent
Patient or attendant is nobody to question or dictate terms of treatment to the doctors
October
The importance of recording consent. Court refuses patient’s claim about being given 100% guarantee to achieve pregnancy through IVF
Signs of appendicitis absent on operating table! What do doctors do to convince relatives about imperfection of medical science?
September
Noting wrong name of patient in medical records, doctor’s ‘gross mistake’ holds court
Court holds doctor negligent for being absent after admission and treating ‘only’ on telephone
August
Doctor can’t be held negligent for missing an anomaly caused due to genetical and environmental factors
Court holds surgeon negligent for not following medical text and missing a sub-clinical occult fracture
July
Court gives doctor chance to redeem himself in a case of obvious negligence - Are Indian courts pro-doctors?
Not referring to a higher facility but managing an emergency patient - Not an act of omission
June
Principal surgeon performs surgery, patient dies. Assisting surgeon also held negligent!
Possibility of post-anesthesia complications? Nothing wrong in declaring patient ‘unfit for surgery’ in such cases
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