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

PREVENTION IS BETTER THAN CURE

  • Doctors cannot be criminally charged under POCSO for failing to “investigate” pregnant patients’ age

    - Madras High Court | MLCD August 2025

  • Failure to ask “specific questions” to elicit patients’ history could be considered negligence

    - National Consumer Commission | MLCD August 2025

  • Inadequate pre, intra or post-operative care constitutes negligence

    - Delhi State Consumer Commission | MLCD August 2025

  • Contributory negligence by external agents will not always absolve the treating doctor of negligence

    - National Consumer Commission | MLCD August 2025

Just Published | August 2025

High Court quashes criminal proceedings under POCSO – Rules doctors not bound to “investigate and gather knowledge” about patients’ age, but will believe what is disclosed to them

Dr. Jenbagalakshmi v/s The State of Tamil Nadu & Anr.
18MLCD (j313) | Madras High Court, Bench at Madurai
Judgement in favour of: Doctor

Surgeons should ask "specific questions with respect to the medical history" especially for high-risk surgeries responds court to the defence that patients’ parents had hidden past history

Jaita Mitra Basu & Anr. v/s Dr. Anirban Chatterjee & Anr.
18MLCD (j319) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court holds the surgeon liable for inadequate preoperative, intraoperative, and postoperative care

M/s Garg Hospital & Ors. v/s Jaivanti Devi
18MLCD (j333) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court rejects defence of contaminated blood from attendant citing that “primary duty of care lies with the treating doctor” - Contributory negligence by external agent cannot absolve it

Dr. A. K. Rai v/s Pradeep Kumar Singh
18MLCD (j339) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

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Doctor provides his own and his wife’s mobile number for emergencies, but mobile was switched off when contacted - Deficiency of service observes court

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Patient signs a consent but that surgery gets postponed for 2 days due to medical reasons - Old consent is valid holds National Consumer Commission

November - 2022

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Surgeon who assisted the principal surgeon also held liable – “As a surgeon he has duty towards the patient and decision making” observes National Consumer Commission

January - 2023

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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

May - 2024

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Supreme Court doubles the compensation granted by lower court as consequences of medical negligence directly affected the patient's social / professional life

August - 2024

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Displaying Registration number in the OPD / clinic is not enough, it should also appear on the prescription / stationery of every doctor

January - 2024

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Initial consent is sufficient for invasive procedures such as inserting Central Venous Line / Ryles Tube during emergencies – National Consumer Commission

July - 2023

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A doctor stocking drugs even in small quantities without the requisite licenses is criminally liable – Supreme Court modifies order of imprisonment to penalty citing lack of ill-intention

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