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

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March 2023

Criminal medical negligence "prima-facie" holds Gujarat High Court - Senior surgeon performs hip replacement with wrong alignment / fails to correct

Jyotindra P. Pandit v/s The State of Gujarat & Ors.
16MLCD (j77) | Gujarat High Court, Ahmedabad
Judgement in favour of: Patient

Performing MTP in the 28th week of pregnancy and failure to refer a ‘Death on Table’ patient's body for post mortem - Not legally acceptable

Atanu Dutta & Ors. v/s Shri Mool Chand Khairati Ram Hospital & Ayurvedic Research Institute & Ors.
16MLCD (j94) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

An overworked surgeon should postpone elective surgeries, observes court - Adverse inference drawn as the paediatric surgeon performed the 17th surgery of the day on a non-co-operative child

Dr. Reba Modak & Anr. v/s Sankara Nethralaya & Ors.
16MLCD (j102) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Drugs available with chemists cannot be termed as trial drugs and do not require consent, holds court - US guidelines “not necessarily” applicable in Indian clinical practice

Deepak Sahay & Ors. v/s Abdur Razzaque Ansari Memorial Weavers Hospital (Apollo Hospitals Group) & Ors.
16MLCD (j109) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Failure to perform a pre-anaesthetic check-up an ‘act of omission’ of the anaesthetist, over-enthusiasm to perform the surgery an ‘act of commission’ of the surgeon - Both held negligent

Peddi Narayana Swami v/s Kamineni Hospitals & Anr. 
16MLCD (j113) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court refuses to hold hospital / cardiologist negligent for increasing dose of anti-coagulant as per “international standards” - Neither an act of commission nor any deviation from the standard of practice

Fortis Health Management (North) Ltd. v/s Santosh Modi (Since Deceased) Through Her Legal Heirs & Ors.
16MLCD (j117) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

"Keeping 15 ventilators in store without being put to effective use" - "Glaring administrative negligence on the part of OP (government) hospital" observes court

Govt. Medical College & Hospital v/s Indira Sharma & Anr.
16MLCD (j120) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient



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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
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  • 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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