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

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September 2023

A physician claiming to be a gastroenterologist is flouting IMC (Regulations) 2002 but is competent to accept / manage Hepatitis, holds National Consumer Commission

Dr. J. S. Sidhu v/s Ashok Bhandari & Ors.
16MLCD (j339) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Emergency obstetric hysterectomy performed as a last resort to save a patient's life by sacrificing her motherhood is a “difficult decision and requires good clinical judgment”, not medical negligence holds court

Mamta Bhatt & Anr. v/s Dr. Sushila Tiwari Govt. Hospital & Ors.
16MLCD (j342) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Court comments that "hospital as an organization in most cases today is run not by the doctors but by the administrators" - Hospital held liable for the mistake of the doctors using its facility

Barnali Chowdhury & Anr. v/s Woodlands Medical Centre Ltd. & Ors.
16MLCD (j346) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

“Displaying the degree on his letter head or display board in the clinic or hospital does not constitute professional misconduct" observes court - Patient’s pointed allegation regarding ‘non-medical’ degrees rejected

Reena Bansal v/s Dr. Meenakshi Mishra, Jha Hospital & Anr.
16MLCD (j356) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Surgeon administers anesthesia, another doctor gets the ECG machine, monitor, and defibrillator when a complication occurs but the anesthetist is a silent spectator – Surgeon and anesthetist both held negligent

Dr. Rajender Manchanda v/s Chhinder Kaur & Ors.
16MLCD (j361) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court holds obstetrician negligent for writing a cause of death in the death certificate of a newborn for which there was no proof

Dr. Bijan Kumar Dutta v/s Debasish Banerjee
16MLCD (j365) | West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri
Judgement in favour of: Patient

Who is responsible when the patient is admitted under Department Head, but surgery is performed independently by other surgeons of the unit – Pressing need for clearer protocols

Dr. Rajeev Agrawal v/s Balakram & Anr.
16MLCD (j369) | Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal
Judgement in favour of: None

Patient takes legal system / courts for a ride – Should dismissal of the patient's complaint be the only remedy available to the harassed healthcare providers?

Satish Kumar v/s Dr. Shailesh Kumar Sinha & Ors.
16MLCD (j371) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor



How To Get Maximum
    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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  • How to get the maximum out of this journal

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  • Is this journal the need of the hour?

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  • The First Editorial

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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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