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July 2023

Initial consent is sufficient for invasive procedures such as inserting Central Venous Line / Ryles Tube during emergencies – National Consumer Commission

Om Parkash Sikka & Anr. v/s Ivy Hospital & Ors.
16MLCD (j253) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor


Who requests and how? Need for serious contemplation before providing medical records of a deceased patient to relatives / attendants

Mascot Hospital & Research Centre v/s Manoj Upadhyay & Anr.
16MLCD (j257) | Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal
Judgement in favour of: Doctor


Inform patients about post-surgery complications and then take informed consent, more so if the patient is a doctor

All India Institute of Medical Sciences, New Delhi  v/s Lt. J. S. Bedi & Ors.
16MLCD (j260) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient


Obtaining cervical plate unique to patient's need / condition is a time-consuming affair, and a logistical problem - Doctor / hospital cannot be blamed for any delays in procurement

Manju Rai v/s Sanjay Gandhi Post Graduate Institute of Medical Science & Ors.
16MLCD (j263) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor


“Doctors cannot wait for indefinite period of time” to obtain consent – The doctor signing consent for the patient who was his teacher appreciated by court

Dr. Tripti Das & Anr. v/s Dr. Phani Bhusan Mandal & Ors.
16MLCD (j271) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Doctor


'Super-super obese' merely a subset of obese classification - Classifying patient with more than 50/BMI as 'super obese' is not negligence holds National Commission

Consumer Protection Council, Tamilnadu & Ors. v/s Lifeline Hospital & Anr.
16MLCD (j279) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor


Doctor-patient "expected VIP treatment" and his ego was hurt on being treated like a normal patient point out the doctor / hospital in defence in court

Dr. J. C. Mudgal v/s Dr. A. K. Singh & Ors.
16MLCD (j286) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor


Is an offer to return the treatment cost same as an offer to pay compensation in a case of alleged negligence? Need for care and contemplation when communicating with such patients

Dr. Debdas Biswas v/s Dr. Sourav Sinha & Anr.
16MLCD (j289) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor




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