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

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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

"Merely because specialists from certain medical disciplines did not attend on the patient who was in the care of a multi-disciplinary team in the ICU" is not negligence – National Consumer Commission

Max Super Speciality Hospital v/s Roshan Lal Jagga & Ors.
18MLCD (j345) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Limited resource or systemic failure? Patient’s leg amputated in a government hospital as the vascular surgeon visited only twice a week and the radiologist’s post was vacant

Pandeeswari v/s State of Tamil Nadu & Ors.
18MLCD (j354) | Madras High Court, Bench at Madurai
Judgement in favour of: Patient

Failure to record patient’s fall at home lands the orthopaedic surgeon in legal trouble

Kamal Narayan Verma v/s Gayatri Hospital & Anr.
18MLCD (j358) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient



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