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January 2022

Private criminal complaint against doctors in case of medical negligence cannot proceed without expert opinion holds Supreme Court

Prabhat Kumar Singh v/s The State of Bihar & Ors
15MLCD (j1) | Supreme Court of India, New Delhi
Judgement in favour of: None
MedLegal Issues: Law on Medical Negligence

In COVID times “putting the doctors to a criminal prosecution for negligence would lead to create a lot of emotional disturbance”, observes Chhattisgarh High Court

Sanjay Ambastha v/s State of Chhattisgarh & Ors
15MLCD (j3) | Chhattisgarh High Court, Bilaspur
Judgement in favour of: Doctor
MedLegal Issues: Special Situations - Patients with communicable / notifiable diseases / epidemics, Courts / Legal Proceedings - General Precautions, Statutory compliance, Law on Medical Negligence

Not referring to a higher facility but managing an emergency patient - Not an act of omission, holds court

J. N. Shori Multi Speciality Hospital & Anr. v/s Krishan Lal & Anr.
15MLCD (j6) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor
MedLegal Issues: Emergency Patients - Treating / Managing, Special Situations - Transferring patients (hospitalized), Courts / Legal Proceedings - General Precautions, Consent - Emergencies, Comunication with patients / attendants, Medical Records - Surgeries / Procedures / Interventions

“Charter of Patient’s Rights” framed by the National Human Rights Commission relied upon by a Consumer Court in a case of medical negligence for the first time

Gujarat Consumer Protection Council & Anr. v/s Medical Superintendent, V. S. Hospital & Anr
15MLCD (j9) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Courts / Legal Proceedings - General Precautions, Consent - General Precautions, Consent - Risk information, “Accepted Medical Practice”, Advising investigations / diagnostic procedures, Medical Records - Preserve / Provide / Produce, Surgery / Procedure / Intervention - Pre, Surgery / Procedure / Intervention - Intra, Law on Medical Negligence

Surgical patient admitted in a medical ward and also left unattended - Court holds hospital negligent

Narendra Kumar Sengar v/s The Director General, Railway Hospital & Ors.
15MLCD (j17) | Delhi State Consumer Disputes Redressal Commission, Delhi
Judgement in favour of: Patient
MedLegal Issues: : Courts / Legal Proceedings - General Precautions, Precautions - General Precautions, Qualifications / Expertise / Skills, Diagnosis, Hospitals - General Precautions, Hospitals - Admitting patients, Hospitals - Patients care, Hospitals - Infrastructure / Equipments

Failure to explain the rationale behind not hospitalising / monitoring regularly - Court draws adverse inference

Gagandeep v/s Chunni Lal Memorial Gulati Hospital & Ors
15MLCD (j24) | Punjab State Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Special Situations - Appointing substitutes / on-call physicians / locums, Special Situations - Patients Failure / Refusal / Delay to follow medical advice, Courts / Legal Proceedings - General Precautions, Precautions - General Precautions, “Accepted Medical Practice”, Advising investigations / diagnostic procedures, Treating / Managing patients, Medical Records - General Precautions, Hospitals - Admitting patients, Maternity Hospitals / Wards, Law on Medical Neglige

Patient suffers from malaria during hospitalisation postcardiac surgery - Standard protocol was followed, hence no negligence observes court

Baby Shaistha v/s M/s. Wockhardt Heart Centre & Ors
15MLCD (j36) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor
MedLegal Issues: : Courts / Legal Proceedings - General Precautions, “Accepted Medical Practice”, Diagnosis, Treating / Managing patients, Medical Records - General Precautions, Law on Medical Negligence

Court gives doctor chance to redeem himself in a case of obvious negligence - Are Indian courts pro-doctors?

Dr. Veena Panda v/s Bijayshree Singh & Anr
15MLCD (j39) | Odisha State Consumer Disputes Redressal Commission, Cuttack
Judgement in favour of: None
MedLegal Issues: Courts / Legal Proceedings - General Precautions

    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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