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March 2022

Patient shows signs of appendicitis but on table appendix absent - What does the doctor do to convince the relatives of the imperfection of medical science?

Dr. Bhargav D. Patel v/s Baldevbhai Bababhai & Ors.
15MLCD (j83) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient


Court holds doctor negligent for being absent after admission and treating 'only' on telephone

Minor Nijal Kiritbhai Tailor & Ors. v/s Dr. Mukund R. Patel & Anr.
15MLCD (j85) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient


Doctor and hospital had indemnity cover of 5 lakhs each but court awards 50 lakhs as compensation - Need for contemplation regarding amount of insurance cover

Sabiha Hamid v/s Dr. M. Khan Hospital
15MLCD (j93) | Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow
Judgement in favour of: Patient


Noting wrong name of patient in medical records, doctor’s ‘gross mistake’ holds court

Samina Khatun v/s Dr. S.K. Debnath & Ors. 
15MLCD (j110) | West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri
Judgement in favour of: Patient


Hospital is liable for the quality of implants purchased under it's name on the invoice says court

Siddharth Yagneshbhai Panchal v/s Sanjivani Super Speciality Hospital Pvt. Ltd. & Ors. 
15MLCD (j113) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient


Dental treatment are outdoor day-care procedures hence written consent not required observes court - A legally untenable proposition

Dr. Deepaben Vaghasia & Anr. v/s Miki K. Gajjar
15MLCD (j117) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Doctor


Salon held guilty of ‘medical negligence’ for hair treatment and styling, 2 crores awarded as compensation – Need for caution for cosmetic specialties

Aashna Roy v/s Yogesh Deveshwar & Anr. 
15MLCD (j122) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient


Report of court appointed expert committee more credible than report of Medical Council observes court

Dr. Anutosh Kumar Chakrabarti v/s Peerless Hospital & Ors.
15MLCD (j130) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: None


 Know Your MLCD
    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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  • How to get the maximum out of this journal

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  • Is this journal the need of the hour?

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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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