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

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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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  • The First Editorial

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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
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