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

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June 2023

Doctor provides his own and his wife’s mobile number for emergencies, but mobile was switched off when contacted - Deficiency of service observes court

Subhas Chandra Sarkar v/s Dr. D. J. Shee & Ors.
16MLCD (j217) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Patient

Court questions the rationale behind a senior surgeon delegating a major surgery and post-surgery care to a junior surgeon

Uma Mondal v/s Dr. S. Mukherjee & Anr.
16MLCD (j225) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Patient

Oral consent for ascites tapping done under local anaesthesia is an instance of negligence, holds court

Gopal Krishsna Bhagbirath Purohit v/s Dr. Mukesh Chaudhary & Ors.
16MLCD (j231) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient

First test reports HIV positive, second and third negative - Pathologist held negligent for opining that possibility of HIV still existed

Dishari Health Point & Anr. v/s Doyajan Bibi & Ors.
16MLCD (j236) | West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri
Judgement in favour of: Patient

“Patient is more responsible in post-operative negligence more particularly after discharge”, observes court – Surgeon not liable for post-discharge infection

Shyam Sunder v/s Dr. Sunil Gehlot & Ors. 
16MLCD (j239) | Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal
Judgement in favour of: Doctor

Bed-head ticket disproves hospital’s defence that relatives took DAMA and shifted patient to another hospital against their advice

Dr. Chanchal Kumar Saha v/s Milton Roy & Anr.
16MLCD (j243) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Patient

Willingly offering free MTP service to a 6-month pregnant patient after the first one fails "reflects the attitude of doctor towards the health and life" - National Consumer Commission

Pariwar Sewa Sanstha v/s Late Ramesh Chand (Through Legal Heirs) & Ors.
16MLCD (j247) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Consent taken for LSCS, normal delivery tried as anaesthetist was unavailable, and on failure LSCS performed - Court holds obstetrician negligent for this 'jugad'

Dr. Ashwini M. S. v/s Malini A. N.
16MLCD (j250) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient



How To Get Maximum
    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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  • 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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