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February 2022

“Mere legal principles and the general standard of assessment was not sufficient in a matter of the present nature” - Supreme Court suggests different treatment for medical negligence cases

Dr. Harish Kumar Khurana v/s Joginder Singh & Ors
15MLCD (j43) | Supreme Court of India, New Delhi
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, Accidents / Mishaps / Mistakes / Incidents, Special Situations - Complications during treatment / intervention, Special Situations - Violence by Patients / Attendants, Consent - General Precautions, “Accepted Medical Practice”, Qualifications / Expertise / Skills, Fees, Treating / Managing patients, Medical Records - General Precautions, Surgery / Procedure / Intervention - General Precautions, Hospitals - Infrastructure / Equipments, Law on Medical Negligence

OPD patient falling from wheelchair in hospital, not “strictly” medical negligence” observes National Commission - But compensation for mental agony / physical trauma granted

Director Administration, P.D. Hinduja National Hospital & Medical Research Centre v/s Harsha Ashok Lala
15MLCD (j51) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Accidents / Mishaps / Mistakes / Incidents, Courts / Legal Proceedings - General Precautions, Documentation - General Precautions, Hospitals - General Precautions, Hospitals - Patients care, Hospitals - Nursing / Staff, Law on Medical Negligence

Court holds surgeon negligent for not following medical text and missing a sub clinical occult fracture

Shiv Kumar Sharma v/s St. Stephens’ Hospital & Ors.
15MLCD (j53) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Courts / Legal Proceedings - General Precautions, “Accepted Medical Practice”, Advising investigations / diagnostic procedures, Diagnosis, Treating / Managing patients, Professional colleagues / peers, Surgery / Procedure / Intervention - General Precautions, Law on Medical Negligence

Court refuses to hold doctor / hospital negligent despite missing an anomaly and further observes that “anomaly was caused only due to genetical and environmental factors”

Beena Rajesh v/s Vivius Hospital Pvt. Ltd. & Ors
15MLCD (j58) | Karnataka State Consumer Disputes Redressal Commission, Bengaluru
Judgement in favour of: Doctor
MedLegal Issues: Special Situations - Patients Failure / Refusal / Delay to follow medical advice, Special Situations - Complications during treatment / intervention, Special Situations - Transferring patients (hospitalized), Courts / Legal Proceedings - General Precautions, Advising investigations / diagnostic procedures, Referral / consultations / second opinion - Precautions for referring doctors, Communication with patients / attendants, Medical Records - General Precautions

Military hospital held not negligent for losing medical records after 10 years - Period of 3 years prescribed by IMC Regulations 2002 referred to by the court

Ashish Kumar Chauhan v/s Commanding Officer,171 Military Hospital & Ors.
15MLCD (j64) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor
MedLegal Issues: Blood transfusion, Confidentiality - HIV/AIDS patients, Confidentiality - Exceptions, Blood Transfusion, Medical Records - Preserve / Provide / Produce, Blood Banks

Relying on consent, court refuses to believe that 100% guarantee was given by the hospital to achieve pregnancy through IVF

Geeta v/s Eva Hospital
15MLCD (j73) | Rajasthan State Consumer Disputes Redressal Commission, Jaipur
Judgement in favour of: Doctor
MedLegal Issues: Consent - General Precautions, Consent - Surgeries / Procedures / Interventions, Communication with patients / attendants

“Primary Health Centers regularly dealing with delivery cases must be ready for emergencies and cannot run a Center without ambulance” - Madras High Court

T. Rajagopal v/s The State of Tamil Nadu & Ors.
15MLCD (j74) | Madras High Court, Bench at Madurai
Judgement in favour of: Patient
MedLegal Issues: Emergency Patients - General Precautions, Ambulance, Hospitals - Discharge / Leave Against Medical Advice (DAMA / LAMA), Law on Medical Negligence

“Only the value of the consideration paid should be taken into consideration while determining the pecuniary jurisdiction” - The new ‘Consumer Protection Act, 2019’

Poonam Sharma v/s Institute of Liver & Biliary Sciences & Ors.
15MLCD (j79) | Delhi State Consumer Disputes Redressal Commission, Delhi
Judgement in favour of: None
MedLegal Issues: Law on Medical Negligence

    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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