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

Current Issue

February 2025

Surgeon ventures to perform elective high-risk angioplasty assuming patient / daughter both doctors knew the risks – Court holds surgeon cannot “shirk” this responsibility

Dr. Manju Dadu v/s Fortis Escort Heart Institute & Research Centre & Ors.
18MLCD (j47) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Incorrect diagnosis or referral to another hospital based on that diagnosis is not per se negligence rules court

Dr. Ambujaksha Sinha Mahapatra & Anr. v/s Amalendu Bhattacharjee
18MLCD (j53) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Excisional biopsy is a diagnostic procedure not a surgery and even non-surgeons can perform it declares court

Hridaylal Sahu & Ors. v/s Dr. Roshan Upadhyay & Anr.
18MLCD (j59) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Doctor admits to not recording / removing broken guide wire left in patient’s body assuming it’s biocompatible - Court holds him liable!

Thumu Latha v/s Prathima Institute of Medical Sciences & Ors.
18MLCD (j65) | Telangana State Consumer Disputes Redressal Commission, Hyderabad
Judgement in favour of: Patient

‘COVID racism’ and inaccurate ECG report leading to an elderly patient’s death – Reputed private hospital held negligent

Akhilesh Kumar v/s Max Hospital lndia Ltd., Chandigarh
18MLCD (j70) | Chandigarh Union Territory Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Patient

Patient approaching at delayed pregnancy of 26-weeks, where is uncertainty of TIFFA test and impossibility of MTP - Is it a dilemma for a doctor to accept such patient?

Sree Karuna Nursing Home & Scanning Centre & Anr.  v/s Kayala Trinadha Siva Sankara Reddy & Ors.
18MLCD (J53) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Doctor following guidelines of the Kuwait Government to report a borderline HIV case as “Unfit” is not negligent

Ajay Kumar Anant Prasad v/s Apollo Hospital Group & Ors.
18MLCD (j80) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Lower court overlooks 3-minute EPT (Effective Phaco Time) limit, finds doctor negligent for taking 1.77 minutes - Higher court overrules the earlier order referring to medical texts

Dr. H. S. Ray v/s Saraswati Mishra
18MLCD (j86) | Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal
Judgement in favour of: Doctor

Court rules that postgraduate qualification in Orthodontics is essential for dentists to perform teeth straightening surgeries

Dr. Prasenjit Das v/s Aditi Sarkar(Minor) & Anr.
18MLCD (j92) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Patient



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  • Handing Over The Baton – Welcome Dr. Shreekant Shetty, our new Editor

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  • Publishes ‘real time judgments’ on medical negligence from higher courts
  • Every judgment is further summarized in simple, non-legal language
  • Comprehensively guides a doctor on avoiding MedLegal issues
  • Suggests practically useful ‘Do’s & Don’ts’ in day-to-day practice
  • Cases selected / analyzed solely from a doctor’s viewpoint
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