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

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October 2022

'Masterly inactivity' a known percept in medicine often misconstrued by patient / attendants as well as courts – Greater care / caution required

Sanjay Kumar v/s Medanta Hospital & Ors.
15MLCD (j395) | Haryana State Consumer Disputes Redressal Commission, Panchkula
Judgement in favour of: Patient

A post-surgery disability certificate does not mean that the surgery had failed or the surgeon was negligent, observes court

Dr. Kunal Kiran Kondewar v/s Baliram Murlidhar Ratnaparkhi
15MLCD (j404) | Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad
Judgement in favour of: Doctor

Patient shifted to another hospital post-LAMA wherein the same line of treatment was continued till death – No negligence, holds court

Dr. Samir Jain v/s Medanta - The Medicity & Ors.
15MLCD (j414) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Court accepts doctors defence that for total laparoscopic hysterectomy approach is through umbilicus and no surgery of umbilical hernia was performed as alleged - Miscommunication to be blamed?

Kapil Aggarwal & Ors. v/s Sarvodaya Hospital & Research Centre & Ors.
15MLCD (j420) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Court holds pathologist negligent for wrongly declaring a sample malignant but absolves surgeon / hospital for performing surgery based on the wrong report

Delhi E.N.T Hospital v/s Darshani Devi & Ors.
15MLCD (j423) | Chandigarh Union Territory Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Patient

Court holds doctor negligent for not performing an IVP before an intervention to remove kidney stones leading to complications

Bhagirathi Devi & Anr. v/s Dr. Anup Kumar Sahu & Anr.
15MLCD (j428) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court observes "good medical record is a good defense, poor medical record is a poor defense, and no medical record means no defense”

Dr. Jagdish Lalwani v/s Madan Lal Yadav & Ors.
15MLCD (j431) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Doctor’s defence that "it sometimes happens that broken piece of surgical drill remains inside patients’ body" rejected – "Dangerous if accepted" observes court

Jaipur Golden Hospital & Ors. v/s Amarjit Singh
15MLCD (j434) | Delhi State 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
  • 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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