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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


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




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