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May 2022

Doctor / hospital absent in court yet not held negligent - Court refers to well written medical records

Dr. Mohmed Hanif Ibrahimbhai Vadaliwala & Ors. v/s The Administrator and Controller of Shalby Hospitals & Anr.
15MLCD (j173) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, Emergency Patients - General Precautions, Special Situations - Patients Failure / Refusal / Delay to follow medical advice, Courts / Legal Proceedings - General Precautions, Advising investigations / diagnostic procedures, Communication with patients / attendants, Professional colleagues / peers, Medical Records - General Precautions, Medical Records - Surgeries / Procedures / Interventions, Surgery / Procedure / Intervention - General Precautions, Surgery / Procedure / I

Patient consulted too many doctors and visited too many hospitals observes court - Hospital / doctors held not negligent

Des Raj Singla & Ors. v/s Dayanand Medical College & Hospital & Ors.
15MLCD (j181) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, Courts / Legal Proceedings - General Precautions, Referral / consultations / second opinion - Precautions for referring doctors, Medical Records - General Precautions, Medical Records - Discharge cards / summaries, Hospitals - General Precautions, Hospitals - Discharging patients, Hospitals - Discharge / Leave Against Medical Advice (DAMA / LAMA)

Patient with rare blood group and chances of unexpected bleeding – Failure to keep blood ready / standby shows lack of "reasonable skill and care"

Tate Hospital & Anr.  v/s Sushrut Brahmabhatt & Ors. 
15MLCD (j185) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Special Situations - Complications during treatment / intervention, Special Situations - Transferring patients (hospitalized), Courts / Legal Proceedings - General Precautions, "Accepted Medical Practice", Collecting samples for investigations / diagnostic procedures, Blood Transfusion, Communication with patients / attendants, Medical Records - Internal / External, Hospitals - General Precautions, Hospitals - Admitting patients, Hospitals - Infrastructure / Equipments, Law on Medical Negligence

‘Expected Complications’ as a defence – Whether appropriate steps to prevent / recognise / manage complications were taken by the doctor will be taken into account by courts

Shreya Nimonkar  v/s Dr. Seema Shanbhag & Anr.   
15MLCD (j191) | Maharashtra State Consumer Disputes Redressal Commission, Mumbai
Judgement in favour of: Patient
MedLegal Issues: Special Situations - Complications during treatment / intervention, Courts / Legal Proceedings - General Precautions, Consent - Form, Consent - Risk information, Consent - Surgeries / Procedures / Interventions, "Accepted Medical Practice", Qualifications / Expertise / Skills, Communication with patients / attendants, Medical Records - General Precautions, Medical Records - Surgeries / Procedures / Interventions, Medical Records - Electronic / Computerized, Law on Medical Negligence

Simple laparoscopy took 5.30 hours! Court's suspicion about what went wrong inside OT gets confirmed in the absence of medical records

Saurin Clinic & Ors. v/s Rekhaben Ishwarbhai Patel & Ors.    
15MLCD (j204) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Courts / Legal Proceedings - General Precautions, Communication with patients / attendants, Medical Records - Surgeries / Procedures / Interventions, Surgery / Procedure / Intervention - General Precautions, Surgery / Procedure / Intervention - Anesthesia, Hospitals - General Precautions

Hospitalizing patients under a team of doctors – Need for clearer protocols in India

Molla Sirajul Islam v/s Dr. L. N. Tripathi & Ors.
15MLCD (j209) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, Courts / Legal Proceedings - General Precautions, Communication with patients / attendants, Medical Records - General Precautions, Medical Records - Surgeries / Procedures / Interventions, Surgery / Procedure / Intervention - Intra, Surgery / Procedure / Intervention - Post

Exhausted 'memory capacity' of computers hard drive cited as the reason behind deletion of procedure’s images - Is the hospital administration listening?

Neera Arya & Ors. v/s Batra Hospital & Medical Research Centre & Ors.
15MLCD (j215) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual, Emergency Patients - General Precautions, Courts / Legal Proceedings - General Precautions, "Accepted Medical Practice", Fees, Medical Records - Preserve / Provide / Produce, Medical Records - Electronic / Computerized, Hospitals - General Precautions, Hospitals - Infrastructure / Equipments

Patient can simultaneously sue a doctor for negligence before civil, criminal and consumer courts as well as Medical Council

Ratna Ghosh & Anr. v/s Dr. P. K. Agarwal & Ors.
15MLCD (j220) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: None
MedLegal Issues: Courts / Legal Proceedings - General Precautions, Law on Medical Negligence

    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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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
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