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

Blogs

Doctors’ “birth defect is an act of God” defence rejected as they failed to diagnose and to refer the infant

Doctors’ “birth defect is an act of God” defence rejected as they fail...

Relatives directing doctor when to start diabetes medicine? Court dismisses their case against cardiologist

Relatives directing doctor when to start diabetes medicine? Court dism...

Not mentioning patient’s blood group in requisition form – Medical negligence

Not mentioning patient’s blood group in requisition form – Medical neg...

Billing oxygen separately – Unfair trade practice and gross negligence by the hospital

Billing oxygen separately – Unfair trade practice and gross negligence...

Doctor gets upset, stops ATT regime as his advice was not followed by the patient - “Unprofessional concern” rules the court

Doctor gets upset, stops ATT regime as his advice was not followed by ...

Following medical texts when investigations do not give a clear diagnosis is not negligence.

Following medical texts when investigations do not give a clear diagno...

Doctor not negligent if patient hides medical history; fails to present previous medical records

Doctor not negligent if patient hides medical history; fails to presen...

MTP in 28th week of pregnancy and failure to refer ‘Death on Table’ for post-mortem – Legally unacceptable

MTP in 28th week of pregnancy and failure to refer ‘Death on Table’ fo...

Drugs available with chemists can’t be termed as trial drugs – Administering such drugs does not require consent

Drugs available with chemists can’t be termed as trial drugs – Adminis...

Being aware of, and adopting “internationally accepted standards” could reduce the chance of medical errors

Being aware of, and adopting “internationally accepted standards” coul...

Using only 4 out of 19 available ventilators - “Glaring administrative negligence” on part of the hospital”

Using only 4 out of 19 available ventilators - “Glaring administrative...

Adverse inference drawn against paediatric surgeon who had performed 17th surgery of the day on a non-co-operative child

Adverse inference drawn against paediatric surgeon who had performed 1...

Performing surgery before pre-anaesthetic checkup – An ‘act of omission & commission’: Anaesthetist and surgeon held negligent.

Performing surgery before pre-anaesthetic checkup – An ‘act of omissio...

Different interpretation, same findings not necessarily negligence

Different interpretation, same findings not necessarily negligence

“Patient’s best interest more significant than consent” observes Madras High Court

“Patient’s best interest more significant than consent” observes Madra...

Consent needs to be taken seriously - Court holds hospital / doctor negligent for using consent form of another hospital for surgery

Consent needs to be taken seriously - Court holds hospital / doctor ne...

Black thread was already tied at the proximal end of snake bite victim, states hospital - Where is it recorded, questions court

Black thread was already tied at the proximal end of snake bite victim...

Patient self-extubating in ICU? Court questions standard of care expected in hospital’s critical care setting

Patient self-extubating in ICU? Court questions standard of care expec...

Patient’s ‘restless nature’ reason for IV displacement says hospital – Doctors’ / Nursing staff’s duty to “take special care” observes court

Patient’s ‘restless nature’ reason for IV displacement says hospital –...

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

Exhausted ‘memory capacity’ of computer’s hard drive cited as the reas...

Court expresses need for uniform angiography reporting in the interest of the patient - Further observes that it cannot be left for individual interpretation

Court expresses need for uniform angiography reporting in the interest...

Patient develops malaria during hospitalisation, post-cardiac surgery - Standard protocol was followed, hence not negligence

Patient develops malaria during hospitalisation, post-cardiac surgery ...

Failure to explain the rationale behind not hospitalising / monitoring regularly - Court draws adverse inference

Failure to explain the rationale behind not hospitalising / monitoring...

Reporting terminal ailments - Merely stating “advised to correlate the report with clinical findings” not enough to escape legal liability

Reporting terminal ailments - Merely stating “advised to correlate the...

Court holds surgeon not negligent, but hospital negligent for the post-surgery ‘mischief’ committed by its staff

Court holds surgeon not negligent, but hospital negligent for the post...

Court appreciates gynaecologist for taking opinion of more experienced peers when patient turns critical - Holds this is not an unauthorised involvement

Court appreciates gynaecologist for taking opinion of more experienced...

Court accepts doctors need to upgrade their skills - Attending conferences even if a patient is admitted / critical is not negligence

Court accepts doctors need to upgrade their skills - Attending confere...

In this atmosphere of distrust, how does a doctor prove that a key-hole surgery was performed? Court relies on detailed documentation, overlooks typo error

In this atmosphere of distrust, how does a doctor prove that a key-hol...

Stabilizing a critical patient and not shifting to higher centre is not negligence, holds National Consumer Commission

Stabilizing a critical patient and not shifting to higher centre is no...

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

Hospitalizing patients under a team of doctors - Need for clearer prot...

Failure to keep blood ready / on standby for patient with rare blood group shows lack of “reasonable skill and care”

Failure to keep blood ready / on standby for patient with rare blood g...

‘Expected Complications’ – Whether or not steps were taken to prevent, recognise and / or manage them by doctors will be taken into account by courts

‘Expected Complications’ – Whether or not steps were taken to prevent,...

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

Patient consulted too many doctors and visited too many hospitals, obs...

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

Simple laparoscopy took 5.30 hours! Court’s suspicion about what went ...

Hospital is liable for the quality of implants purchased under it’s name on the invoice says court

Hospital is liable for the quality of implants purchased under it’s na...

Doctor & hospital had indemnity cover of 5 lakhs each but court awards 50 lakhs as compensation - Need for contemplation regarding amount of insurance cover

Doctor & hospital had indemnity cover of 5 lakhs each but court awards...

Is recurrence of kidney stone 2 years after surgical removal negligence? Court says no

Is recurrence of kidney stone 2 years after surgical removal negligenc...

Anaesthetist records irrelevant facts that are not normally mentioned - Court observes “doctor is trying to escape from his liability”

Anaesthetist records irrelevant facts that are not normally mentioned ...

Surgical patient admitted in a medical ward and also left unattended - Court holds hospital negligent

Surgical patient admitted in a medical ward and also left unattended -...

Patient or attendant is nobody to question or dictate terms of treatment to the doctors

Patient or attendant is nobody to question or dictate terms of treatme...

The importance of recording consent. Court refuses patient’s claim about being given 100% guarantee to achieve pregnancy through IVF

The importance of recording consent. Court refuses patient’s claim abo...

Signs of appendicitis absent on operating table! What do doctors do to convince relatives about imperfection of medical science?

Signs of appendicitis absent on operating table! What do doctors do to...

Noting wrong name of patient in medical records, doctor’s ‘gross mistake’ holds court

Noting wrong name of patient in medical records, doctor’s ‘gross mista...

Court holds doctor negligent for being absent after admission and treating ‘only’ on telephone

Court holds doctor negligent for being absent after admission and trea...

Doctor can’t be held negligent for missing an anomaly caused due to genetical and environmental factors

Doctor can’t be held negligent for missing an anomaly caused due to ge...

Court holds surgeon negligent for not following medical text and missing a sub-clinical occult fracture

Court holds surgeon negligent for not following medical text and missi...

Court gives doctor chance to redeem himself in a case of obvious negligence - Are Indian courts pro-doctors?

Court gives doctor chance to redeem himself in a case of obvious negli...

Not referring to a higher facility but managing an emergency patient - Not an act of omission

Not referring to a higher facility but managing an emergency patient -...

Principal surgeon performs surgery, patient dies. Assisting surgeon also held negligent!

Principal surgeon performs surgery, patient dies. Assisting surgeon al...

Possibility of post-anesthesia complications? Nothing wrong in declaring patient ‘unfit for surgery’ in such cases

Possibility of post-anesthesia complications? Nothing wrong in declari...

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