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

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February 2024

Even Supreme Court cannot suspend a doctor's license to practice medicine - Power vests only with National Medical Commission

Gostho Behari Das v/s Dipak Kumar Sanyal & Ors.
17MLCD (j45) | Supreme Court of India, New Delhi
Judgement in favour of: Doctor

A 'positive Google review' does not exonerate the doctor from negligence – Patient’s husband merely “shared his experience about the treatment” observes court

Dr. Vineet Sharma v/s Anu Bala
17MLCD (j49) | Chandigarh Union Territory Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Patient

"Obtaining telephonic referral from the Nephrologist" - Surgeon held negligent for "casual approach"

Dr. N. K. Gupta & Anr. v/s Ranjan
17MLCD (j54) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Due to non-affording “general population” high-end USG machines / good doctors were unavailable – Failure to detect fetal abnormalities not negligence, holds court

Basanta Kumar Dutta & Ors. v/s Health Max Diagnostic Centre & Ors.
17MLCD (j59) | West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri
Judgement in favour of: Doctor

Court notes specifically that patient’s wife was educated on the 'Fall Prevention Module' at admission - Hospital not held negligent, although patient fell from bed and died

Ritu Sharma & Ors. v/s Indraprastha Apollo Hospitals
17MLCD (j64) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Court refuses to hold hospital negligent despite failure to diagnose a rare disease as it had followed medical texts

Niladri Sekhar Bose & Anr. v/s Navketan Nursing Home Pvt. Ltd.
17MLCD (j71) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Doctor

Exaggerated success rate of 70% in newspapers toned down to 15-20% in court - IVF clinic held negligent / deficient in service for misleading advertisement

Dr. Indranil Lodh & Anr. v/s Kajal Mondal & Anr.
17MLCD (j79) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Patient

Medical records, if stored digitally, can be retrieved and given to patients immediately – Failure to do so is an infringement of their right declares Madras High Court

Jothi v/s The State of Tamil Nadu & Ors.
17MLCD (j83) | Madras High Court, Bench at Madurai
Judgement in favour of: Patient



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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  • 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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  • How to get the maximum out of this journal

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  • Is this journal the need of the hour?

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  • The First Editorial

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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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