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April 2022

Anaesthetist records irrelevant facts that are not normally mentioned – Court observes it “doctor is trying to escape from his liability”

Babubhai Laxmanbhai Parmar  v/s Jivan jyot Charitable Trust & Anr.
15MLCD (j131) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Medico Legal Cases - Postmortem, Courts / Legal Proceedings - General Precautions, Consent - General Precautions, Patients history, Advising investigations / diagnostic procedures, Medical Records - General Precautions, Medical Records - Surgeries / Procedures / Interventions, Hospitals - General Precautions, Hospitals - Admitting patients, Law on Medical Negligence

Madras High Court issues guidelines to Medical Council that should be followed in complaints of misconduct against doctors

Dr. P. Basumani v/s The Tamil Nadu Medical Council
15MLCD (j138) | Madras High Court, Chennai
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, Courts / Legal Proceedings - General Precautions, Documentation - General Precautions, Medical Records - General Precautions, Certificates - Fitness (after leave / to resume)

Taking insurance policy for hospitals – Reading between the lines required

United India Ins. Co. Ltd. v/s The Medical Officer & Ors. 
15MLCD (j150) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Consent - General Precautions, Consent - Emergencies, Consent - Alternative / Extension during interventions, Communication with patients / attendants, Insurance, Medical Records - General Precautions, Surgery / Procedure / Intervention - Alternative / Extension

Hospitals claim to have treated the patient for URTI and LRTI only a ploy to “claim higher bills from insurance” under “package component” alleges patient

K.V. Ramani v/s Sterling Hospital & Ors.
15MLCD (j155) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Special Situations - Managed Health Care, Fees, Communication with patients / attendants, Insurance, Medical Records - Discharge cards / summaries, Medical Records - Preserve / Provide / Produce, Law on Medical Negligence

Patient misdiagnosed, treated 3 years for TB due to wrong biopsy report - Court enhances compensation, takes 'mental agony' into account

Umesh Khapabhai Ahir v/s Dr. Rajesh Saxsena & Anr.
15MLCD (j160) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Pathology Laboratories / Imaging Centers, Law on Medical Negligence

Court holds doctors negligent for failure to diagnose the complaints / complications despite knowing patients medical history

Gurjeet Singh & Anr. v/s Dr. Abhishek Bansal & Ors.
15MLCD (j163) | Punjab State Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Patient
MedLegal Issues: Special Situations - Complications during treatment / intervention, Courts / Legal Proceedings - General Precautions, Precautions - General Precautions, Advising investigations / diagnostic procedures, Diagnosis, Medical Records - General Precautions, Surgery / Procedure / Intervention - Post, Hospitals - Admitting patients, Hospitals - Discharging patients, Hospitals - Discharge / Leave Against Medical Advice (DAMA / LAMA)

Is recurrence of kidney stone 2 years after surgical removal negligence? Court says no

Dr. H. S. Tiwari v/s Nankau
15MLCD (j169) | Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow
Judgement in favour of: Doctor
MedLegal Issues: Courts / Legal Proceedings - General Precautions, Consent - Risk information, Communication with patients / attendants, Medical Records - Discharge cards / summaries, Surgery / Procedure / Intervention - General Precautions, Hospitals - Discharging patients

Court refuses to admit complaint of negligence observing that end result of advanced cancer is known and the allegations were vague

Ashok Pandurang Surve v/s Tata Memorial Hospital & Ors.
15MLCD (j171) | Maharashtra State Consumer Disputes Redressal Commission, Mumbai
Judgement in favour of: Doctor
MedLegal Issues: Courts / Legal Proceedings - General Precautions

    From the Editors Desk
  • Handing Over The Baton – Welcome Dr. Shreekant Shetty, our new Editor

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  • What are the changes that have happened in your journal?

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  • We want you to be acquainted with both sides of the coin

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  • How is this journal made?

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  • The First Editorial

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From the Editors Desk
Key Features
  • 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
  • Editorial team comprises of lawyers and doctors
  • Designed to pass relevant information quickly / effortlessly
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