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

Current Issue

August 2022

“If the public servants can be legally protected for the bonafide errors in their action, there is no reason for not extending such a protection to the medical professionals” – Karnataka High Court

Dr. Ganesh Nayak v/s V. Shamanna & Ors.
15MLCD (j307) | Karnataka High Court, Bengaluru
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual

Surgeon punished for associating with a nursing home run by a quack - "A perfect example of malaise which plagues numerous nursing homes," observes Medical Council

Janak Raj Dhami & Anr. v/s Manju Gupta & Ors.
15MLCD (j310) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Qualifications / Expertise / Skills, Surgery / Procedure / Intervention - Post, Hospitals - RMOs / Consultants, Law on Medical Negligence

Hospital takes a bizarre defence - Why was the mop removed from the patient's abdomen during subsequent surgery not sent for biopsy?

Pravinbhai Naranbhai Sonara v/s Kesar SAL Hospital
15MLCD (j314) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Accidents / Mishaps / Mistakes / Incidents, Courts / Legal Proceedings - General Precautions, Advising investigations / diagnostic procedures, Medical Records - Preserve / Provide / Produce, Law on Medical Negligence

Court rejects patient's complaint as it was based on newspaper advertisement and not on opinion of any medical expert

Paresh Ojha v/s Dr. Abhishek Mukherjee & Ors.  
15MLCD (j325) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Doctor
MedLegal Issues: Emergency Patients - General Precautions, Courts / Legal Proceedings - General Precautions, Precautions - General Precautions, Fees, Referral / consultations / second opinion - Precautions for referring doctors, Communication with patients / attendants, Advertisement / Signboards / Soliciting Patients, Surgery / Procedure / Intervention - General Precautions

Gynaecologist held negligent for not following international guidelines in a case of borderline ovarian malignancy

M/s Artemis Health Institute & Ors. v/s Manvika Banswal & Ors.
15MLCD (j328) | Haryana State Consumer Disputes Redressal Commission, Panchkula
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, "Accepted Medical Practice", Law on Medical Negligence

Insurance policies obtained only by the doctors of the hospital – Supreme Court refuses to direct the insurance company to pay for the hospital's liability

M/s Sheth M L Vaduwala Eye Hospital v/s Oriental Insurance Company Limited and Ors.
15MLCD (j335) | Supreme Court of India
Judgement in favour of: None
MedLegal Issues: Precautions - Unusual, Courts / Legal Proceedings - General Precautions, Insurance, Hospitals - Nursing / Staff, Hospitals - Sterilization

"It is immaterial whether any harm is caused or not ... mere act of issuing a wrong test report" is negligence

Anjana Agrawal & Anr. v/s Lifeline Laboratory & Ors.
15MLCD (j339) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Pathology Laboratories / Imaging Centers, Law on Medical Negligence

The Medical Superintendent who was not even in service when the patient was hospitalised held negligent!

Dr. Reema Gogia v/s Anoop Kumar & Ors.
15MLCD (j344) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Emergency Patients - Hospitals (Precautions), Special Situations - Complications during treatment / intervention, Tele-medicine, Hospitals - General Precautions, Hospitals - Admitting patients, Hospitals - Nursing / Staff, 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

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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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