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

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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

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



How To Get Maximum
    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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  • 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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