Issue

Back
June 2022

Supreme Court accepts doctors need to upgrade their skills - Attending conferences even if a patient is admitted / critical is not negligence

Bombay Hospital & Medical Research Centre  v/s Asha Jaiswal & Ors.  
15MLCD (j223) | Supreme Court of India
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, Special Situations - Patients Failure / Refusal / Delay to follow medical advice, Special Situations - Appointing substitutes / on-call physicians / locums, Qualifications / Expertise / Skills, Patients history, Communication with patients / attendants, Professional colleagues / peers, Updating knowledge / Continuing Medical Education (CME), Medical Records - General Precautions, Medical Records - Hospitals, Surgery / Procedure / Intervention - General Precautions, Hospi

Stabilizing a critical patient and not shifting to a higher centre is not negligence, holds National Consumer Commission

Malhe Ram @ Male Ram & Anr. v/s Jeevan Jyoti Hospital & Ors.
15MLCD (j238) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor
MedLegal Issues: Emergency Patients - Treating / Managing, Special Situations - Transferring patients (hospitalized), Medical Records - General Precautions, Hospitals - Infrastructure / Equipments

Court appreciates gynaecologist for taking opinion of more experienced peers when patient turns critical - Holds, this is not an unauthorised involvement

Laxmikant Vittalrao Pandav & Ors. v/s Akar Hospital & Ors.
15MLCD (j240) | Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, Emergency Patients - General Precautions, Emergency Patients - Treating / Managing, Special Situations - Complications during treatment / intervention, Special Situations - Transferring patients (hospitalized), Courts / Legal Proceedings - General Precautions, Consent - General Precautions, Consent - Emergencies, Consent - Surgeries / Procedures / Interventions, "Accepted Medical Practice", Drugs / Implants, Referral / consultations / second opinion - Precautions for refer

Court holds surgeon not negligent but hospital negligent for the post-surgery 'mischief' committed by its staff

Dr. Alak Kumar Maity v/s Rabindra Nath Arinda & Ors.
15MLCD (j254) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Hospitals - Nursing / Staff, Law on Medical Negligence

In this atmosphere of distrust, how does a doctor prove that a key-hole surgery was performed? Court relies on detailed documentation, overlooks typo error

Raman S. Darji & Ors. v/s Dr. Bharat Barad & Anr.      
15MLCD (j258) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, Courts / Legal Proceedings - General Precautions, "Accepted Medical Practice", Medical Records - Surgeries / Procedures / Interventions, Surgery / Procedure / Intervention - General Precautions

Extra care / contemplation needed in reporting terminal ailments - Merely stating "advised to correlate the report with the clinical findings" not enough to escape legal liability

Spiral CT and MRI Centre v/s Vijay Ramola & Anr.
15MLCD (j263) | Chandigarh Union Territory Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Patient
MedLegal Issues: Courts / Legal Proceedings - General Precautions, Patients history, Diagnosis, Referral / consultations / second opinion - Precautions for referring doctors, Pathology Laboratories / Imaging Centers

Court expresses need for uniform angiography reporting in the interest of the patient - Further observes that it cannot be left for individual interpretation

Nizam's Institute of Medical Sciences v/s S. Ramakrishna through Lrs. & Anr.
15MLCD (j265) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, "Accepted Medical Practice", Treating / Managing patients, Professional colleagues / peers, Pathology Laboratories / Imaging Centers, Law on Medical Negligence

    From the Editors Desk
  • Handing Over The Baton – Welcome Dr. Shreekant Shetty, our new Editor

    Read
  • What are the changes that have happened in your journal?

    Read
  • We want you to be acquainted with both sides of the coin

    Read
  • How is this journal made?

    Read
  • The First Editorial

    Read
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
Get Complimentary Copy