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

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August 2023

An obstetrician despite 30-years' experience is not competent to perform Target (level-II) scan - Court requests National Medical Commission to formulate stringent guidelines

Dr. Usha Mukhi v/s Seema Deswal & Anr.
16MLCD (j295) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Does a telephonic confirmation about a previous pre-anaesthetic check-up performed by another relative-doctor, require a re-investigation?

Somraj Sen & Anr. v/s Kothari Medical Centre & Ors.
16MLCD (j299) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Failure to perform a liver function test extensively used in Japan / China but not in Europe / US – Not a valid ground to hold an experienced HPB surgeon negligent

Pooja Prashar & Ors. v/s Director, Indraprastha Apollo Hospital & Ors.
16MLCD (j314) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

National Consumer Commission takes into account the place (city) / time (year) / hospital type in a case of alleged inadequate infrastructure - 'Locality' Rule applied

Nilam Singh v/s Dr. R.B. Sharma & Anr.
16MLCD (j321) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Nurse notes patient “drowsy”, anaesthetist notes “awake” - Terminologies used in medical parlance should not be interpreted in the dictionary sense, cautions National Consumer Commission

Mamta Agarwal & Ors. v/s Bombay Hospital Medical Research Centre & Ors.
16MLCD (j325) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Original consent form saves the surgeon from allegations of stealing the kidney - Signature / written acknowledgment of patient’s wife in Hindi shown to the court

Bheekam Singh v/s Apex Research Centre & Hospital Pvt. Ltd. & Anr.
16MLCD (j330) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Case sheet not maintained as it was an emergency, treatment given written on a letterhead while transferring the patient - "Strange explanation" outrightly rejected by court

Dr. K. Vasanthi & Anr. v/s Chalasani Satyanarayana
16MLCD (j333) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court refuses to hold doctor negligent for complications arising out of the patient’s refusal to follow the treatment protocol advised by doctor

Sunita Rani v/s Bakshi Ortho & Maternity Centre & Ors.
16MLCD (j337) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor



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    From the Editors Desk

  • 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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