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

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March 2024

Admitting a serious pregnant patient only after “social media inducement”, an apathy that cannot be pardoned – Calcutta High Court

Park Hospitals & Anr. v/s The West Bengal Clinical Establishment Regulatory Commission & Anr.
17MLCD (j87) | Calcutta High Court, Kolkata
Judgement in favour of: None

Making the patient wait and then referring for a completely different modality of treatment – "Apathetic approach towards the gravity of the ailment" observes court

GTB Hospital & Ors. v/s Ramo Devi & Ors.
17MLCD (j92) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Hospital / doctor bound to discharge when patients / attendants make a “whimsical decision” demanding discharge, a situation beyond their control observes court

Dipak Roy v/s Charnok Hospital Pvt. Ltd.
17MLCD (j100) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Doctor

Treatment initiated with a provisional diagnosis that turns out to be different in the final diagnosis resulting in fatal consequences - Not negligence, holds court

K. Karthiga & Ors. v/s Helios Hospital & Ors.
17MLCD (j104) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Failure to advise and perform H1N1 test during a pandemic contrary to government guidelines - "Actionable medical negligence" holds court

Niraj Kumar Sindhu & Anr. v/s Fortis Hospital & Anr.
17MLCD (j110) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court observes "Lead-related problems are known to occur after device implantation and require re-exploration as a corrective measure" and holds changing mode of treatment is not negligence

Moges Alemu v/s Indraprastha Apollo Hospitals & Anr.
17MLCD (j114) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Patient transferred to another hospital without wasting time for better management – Court observes it was a bonafide decision for saving patient's life, not negligence

Utpal Roy Chowdhury v/s Calcutta Heart Clinic & Hospital & Anr.
17MLCD (j124) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Doctor

Patient dies after a hair transplant done at a 'Clinic' registered as a hair cutting saloon with the Municipality – Criminal proceedings initiated for culpable homicide, not medical negligence

Dr. Vinith v/s State Rep. by the Inspector of Police & Anr.
17MLCD (j128) | Madras High Court, Chennai
Judgement in favour of: None



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