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July 2022

There are more than one ways of treating a patient and following one of them is acceptable to law observes court

Dipak Kumar Sen v/s Dr. Aftab Khan & Anr.
15MLCD (j269) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Doctor
MedLegal Issues: Courts / Legal Proceedings - General Precautions, Consent - Risk information, Consent - Alternative / Extension during interventions, "Accepted Medical Practice", Qualifications / Expertise / Skills, Patients history, Referral / consultations / second opinion - Precautions for referring doctors, Communication with patients / attendants, Law on Medical Negligence

Court acts harshly against the doctor who issued a false medical fitness certificate that was used for transferring deceased patient's properties

Dr. S. Radhakrishnan v/s The Registrar, Tamil Nadu Medical Council & Ors.
15MLCD (j275) | Madras High Court, Chennai
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Courts / Legal Proceedings - General Precautions, Certificates - Fitness (after leave / to resume)

'Disparity in service from paid to EWS ward' - A notion usually carried by patients / attendants, a cause of concern

Gurvinder Kaur v/s Director, Indraprastha Apollo Hospital & Anr.
15MLCD (j284) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, Medico Legal Cases - Postmortem, Special Situations - Patients Failure / Refusal / Delay to follow medical advice, Treating / Managing patients, Communication with patients / attendants, Medical Records - General Precautions, Hospitals - Admitting patients, Law on Medical Negligence

'No Injection' was written on the earlier prescription after complications set in affirms court - Doctor's motives questioned

Dr. P. Ashok Kumar v/s Ezhilarasi    
15MLCD (j290) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Courts / Legal Proceedings - General Precautions, Prescription, Medical Records - General Precautions

Permitting cross-pathy practice “does not authorize the doctor to deviate from the standard of care”

Chandigarh Nursing Home & Anr. v/s Sukhdeep Kaur 
15MLCD (j294) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Special Situations - Transferring patients (hospitalized), "Accepted Medical Practice", Qualifications / Expertise / Skills, Prescription, Drugs / Implants, Referral / consultations / second opinion - Precautions for referring doctors, Statutory compliance, Hospitals - RMOs / Consultants, Law on Medical Negligence

"Non-union of bone or no cure is not negligence" - Patient held responsible for not following post-operative instructions

Raj Kumar v/s Dr. Rajeev Jain & Anr.
15MLCD (j298) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor
MedLegal Issues: Special Situations - Patients Failure / Refusal / Delay to follow medical advice, Special Situations - Terminating / Withdrawing from patient midway, Courts / Legal Proceedings - General Precautions, "Accepted Medical Practice", Medical Records - General Precautions, Law on Medical Negligence

State Commission enhances compensation - Various heads of compensation enumerated

Satyawan v/s Getwell Hospital & Ors.
15MLCD (j300) | Haryana State Consumer Disputes Redressal Commission, Panchkula
Judgement in favour of: Patient
MedLegal Issues: Courts / Legal Proceedings - General Precautions, Qualifications / Expertise / Skills, Referral / consultations / second opinion - Precautions for referring doctors, Statutory compliance, Hospitals - RMOs / Consultants, Law on Medical Negligence

Fees / charges paid to doctor / hospital, not compensation claimed by patient – Changes in ‘pecuniary jurisdiction’ in the new Act

Shilpa & Ors.  v/s Bombay Hospital & Medical Research Centre & Ors. 
15MLCD (j305) | Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad
Judgement in favour of: None
MedLegal Issues: Courts / Legal Proceedings - General Precautions, 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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