The medical law reporters for Indian doctors
Institute of Medicine and Law
Institute of Medicine and Law

Current Issue

March 2022

Patient shows signs of appendicitis but on table appendix absent - What does the doctor do to convince the relatives of the imperfection of medical science?

Dr. Bhargav D. Patel v/s Baldevbhai Bababhai & Ors.
15mlcd (j83) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Courts / Legal Proceedings - General Precautions, Diagnosis, Communication with patients / attendants, Surgery / Procedure / Intervention - General Precautions, Precautions - Unusual, Diagnosis, Courts / Legal Proceedings - General Precautions

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

Minor Nijal Kiritbhai Tailor & Ors. v/s Dr. Mukund R. Patel & Anr.
15mlcd (j85) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Tele-medicine, Hospitals - Admitting patients, Hospitals - RMOs / Consultants, Emergency Patients - General Precautions, Medical Records - General Precautions, Hospitals - General Precautions, Law on Medical Negligence, Courts / Legal Proceedings - General Precautions, Law on Medical Negligence

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

Sabiha Hamid v/s Dr. M. Khan Hospital
15mlcd (j93) | Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow
Judgement in favour of: Patient
MedLegal Issues: Insurance, Accidents / Mishaps / Mistakes / Incidents, Special Situations - Complications during treatment / intervention, Surgery / Procedure / Intervention - Post, Law on Medical Negligence, Precautions - Unusual, Professional colleagues / peers

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

Samina Khatun v/s Dr. S.K. Debnath & Ors. 
15mlcd (j110) | West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Medical Records - General Precautions, Prescription, Precautions - Unusual, Communication with patients / attendants

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

Siddharth Yagneshbhai Panchal v/s Sanjivani Super Speciality Hospital Pvt. Ltd. & Ors. 
15mlcd (j113) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Drugs / Implants, Hospitals - Infrastructure / Equipments, Law on Medical Negligence, Precautions - Unusual, Drugs / Implants, Medical Records - General Precautions, Courts / Legal Proceedings - General Precautions, Law on Medical Negligence

Dental treatment are outdoor day-care procedures hence written consent not required observes court - A legally untenable proposition

Dr. Deepaben Vaghasia & Anr. v/s Miki K. Gajjar
15mlcd (j117) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Doctor
MedLegal Issues: Consent - General Precautions, Communication with patients / attendants, Accidents / Mishaps / Mistakes / Incidents, Special Situations - Complications during treatment / intervention, Courts / Legal Proceedings - General Precautions, Communication with patients / attendants, Medical Records - General Precautions, Law on Medical Negligence, Precautions - Unusual, Courts / Legal Proceedings - General Precautions, Fees

Salon held guilty of ‘medical negligence’ for hair treatment and styling, 2 crores awarded as compensation – Need for caution for cosmetic specialties

Aashna Roy v/s Yogesh Deveshwar & Anr. 
15mlcd (j122) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Accidents / Mishaps / Mistakes / Incidents, Courts / Legal Proceedings - General Precautions, Communication with patients / attendants, Medical Records - General Precautions, Courts / Legal Proceedings - General Precautions, Law on Medical Negligence, Courts / Legal Proceedings - General Precautions, Law on Medical Negligence

Report of court appointed expert committee more credible than report of Medical Council observes court

Dr. Anutosh Kumar Chakrabarti v/s Peerless Hospital & Ors.
15mlcd (j130) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: None
MedLegal Issues: Courts / Legal Proceedings - General Precautions, Law on Medical Negligence

    From the Editors Desk

  • Handing Over The Baton – Welcome Dr. Shreekant Shetty, our new Editor

    Read

  • What are the changes that have happened in your journal?

    Read

  • We want you to be acquainted with both sides of the coin

    Read

  • How is this journal made?

    Read

  • The First Editorial

    Read
From the Editors Desk
Key Features
  • 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
  • Editorial team comprises of lawyers and doctors
  • Designed to pass relevant information quickly / effortlessly
Get Complimentary Copy
×