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

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May 2023

Treating doctor upset as his advice was not followed by the patient hence stops ATT - Court observes this shows his “unprofessional concern”

Dr. T. K. Chakraborty v/s Mukesh Patra
16MLCD (j173) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Can oxygen be billed separately to a patient admitted in the ICCU? Court says no and terms it as unfair trade practice / deficiency in service / gross negligence of the hospital

AMRI Hospital v/s M. Madhumita Saha
16MLCD (j177) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Patient

Failure to mention patient's blood group on requisition form by a doctor – “Not an error of professional judgment but … a sure instance of medical negligence”, observes court

Prafulbhai Natwarlal Tank & Anr. v/s Dr. Sanjay N. Pandya & Ors.
16MLCD (j180) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient

Failure to diagnose birth deformity or to refer the infant appropriately; both instances of negligence holds court - Defence that “birth defect is the act of God” rejected

Dr. Susmita Bhattacharya v/s Marzina Bibi alias Begum & Ors.
16MLCD (j188) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Patient

Should a relative decide when the doctor should start medicines for diabetes? Court appreciates the cardiologist for referring the patient to an endocrinologist in the nick of time

Manas Ranjan Samantaray v/s Care Hospitals & Ors.
16MLCD (j193) | Odisha State Consumer Disputes Redressal Commission, Cuttack
Judgement in favour of: Doctor

A paltry bill for blood tests, medicines and oxygen of a serious patient and ‘no’ bill for certain investigations make the court suspicious

Mritunjay Ghosh v/s Dr. Madhab Kumar Paul & Ors.
16MLCD (j204) | West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri
Judgement in favour of: None

Court holds obstetrician negligent for admitting a high-risk patient for LSCS in a nursing home with no ICU facility – Professional ethics violated for “personal gain”

Dr. Arup Dey v/s Sikha Dey & Anr.
16MLCD (j210) | West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri
Judgement in favour of: Patient



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  • Publishes ‘real time judgments’ on medical negligence from higher courts
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