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February 2022

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


Court holds surgeon negligent for not following medical texts 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


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


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


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


"Primary Health Centres regularly dealing with delivery cases must be ready for emergencies and cannot run a Centre 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


"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, New Delhi
Judgement in favour of: None




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