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

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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

Hospitals / medical stores running with fake / no pharmacist affects health of citizens – Supreme Court reminds Pharmacy Council / State Government of their duty to take action

Mukesh Kumar v/s The State of Bihar & Ors.
16MLCD (j269) | Supreme Court of India, New Delhi
Judgement in favour of: None

“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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    From the Editors Desk

  • Handing Over The Baton – Welcome Dr. Shreekant Shetty, our new Editor

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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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