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

PREVENTION IS BETTER THAN CURE

  • Doctors opting for VBAC over patients’ request for caesarean is not negligence

    - National Consumer Commission | MLCD November 2025

  • Failure to detect / remove foreign object despite follow-ups is negligence

    - National Consumer Commission | MLCD November 2025

  • Doctors acting upon age disclosed by patient is not a crime under POCSO

    - Kerala High Court | MLCD November 2025

  • Communicating deferred treatment decisions with patients / families – A Best Practice

    - National Consumer Commission | MLCD November 2025

Just Published | November 2025

Doctors point out that “an internal hospital document” produced in court was not the “official medical record” – Regulator needs to clarify what qualifies as ‘medical records’

Takam James v/s Dr. Navanil Barua & Ors.
18MLCD (j461) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Doctor opting for VBAC despite patient’s request for a caesarean is not negligence, holds court

Hitesh Kumar Walia & Ors. v/s Dr. Sushma Noheria & Ors.
18MLCD (J476) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Doctor’s failure to detect and remove an ocular foreign object despite multiple visits attracts the principle of ’Res Ipsa Loquitur’

Dr. R. D. Sharma v/s Ashok Kumar Sharma & Anr.
18MLCD (j489) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

"The doctor would act upon the age disclosed by her (patient) and no rowing enquiry in this regard is mandated by law" – High Court cautions prosecuting doctors under POCSO Act

Dr. T. Ambujakshi v/s State of Kerela
18MLCD (j493) | Kerala High Court, Ernakulam
Judgement in favour of: Doctor

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Doctor provides his own and his wife’s mobile number for emergencies, but mobile was switched off when contacted - Deficiency of service observes court

June - 2023

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Surgeon who assisted the principal surgeon also held liable – “As a surgeon he has duty towards the patient and decision making” observes National Consumer Commission

January - 2023

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Patient signs a consent but that surgery gets postponed for 2 days due to medical reasons - Old consent is valid holds National Consumer Commission

November - 2022

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Issuing opinions / certificates without physically examining patients is professional misconduct but removing doctors name from MCI Register is not the only punishment, holds Delhi High Court

May - 2024

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Supreme Court doubles the compensation granted by lower court as consequences of medical negligence directly affected the patient's social / professional life

August - 2024

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Displaying Registration number in the OPD / clinic is not enough, it should also appear on the prescription / stationery of every doctor

January - 2024

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High Court quashes criminal proceedings under POCSO – Rules doctors not bound to “investigate and gather knowledge” about patients’ age, but will believe what is disclosed to them

August - 2025

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Initial consent is sufficient for invasive procedures such as inserting Central Venous Line / Ryles Tube during emergencies – National Consumer Commission

July - 2023

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  • Publishes ‘real time judgments’ on medical negligence from higher courts
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  • Suggests practically useful ‘Do’s & Don’ts’ in day-to-day practice
  • Cases selected / analyzed solely from a doctor’s viewpoint
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