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

PREVENTION IS BETTER THAN CURE

  • Shortage of doctors in a hospital on holidays could be construed as negligence

    - National Consumer Commission | MLCD June 2024

  • Informing orally but failing to record in consent that the surgery is high risk is negligence

    - National Consumer Commission | MLCD June 2024

  • Ordering more medicines than necessary for a hospitalized patient is ‘unfair trade practice’

    - Tamil Nadu State Consumer Commission | MLCD June 2024

  • Performing an intervention on insistence of a patient who is unfit is professional negligence

    - Karnataka State Consumer Commission | MLCD June 2024

Just Published | June 2024

Consent letter was usual one and did “not reflect that the surgery involved high risk” observes court – Surgeons contention that patient / son were orally informed of high-risk surgery rejected

Thirthankar Superspeciality Hospital & Ors. v/s Manzoor Hussain Nadeem
17MLCD (j241) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court rejects patient’s allegation that no lady gynaecologist was present during surgery despite assurance as the male gynaecologist was chosen by the patient after consulting two lady doctors

Renuka Mall v/s Dr. Mohib Hamidi & Anr.
17MLCD (j258) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Delhi High Courts directs competent courts to proceed ahead with the case of medical negligence “without being influenced by the quantum of punishment” awarded by MCI

Ravi Rai v/s Board  of  Governors  in  Supersession  of  Medical Council & Ors.
17MLCD (j253) | Delhi High Court, New Delhi
Judgement in favour of: None

Court accepts that an MBBS can perform a 2D ECHO and treat a patient but the results are best interpreted by an MD or DM - Hospital / doctor held not negligent

B. M. Birla Heart Research Centre v/s State of West Bengal & Ors.
17MLCD (j221) | Calcutta High Court, Kolkata
Judgement in favour of: Doctor

More...

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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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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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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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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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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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Delhi High Court directs government to frame national medical protocols for aesthetic surgeries / hair transplant procedures

November - 2022

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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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Private criminal complaint against doctors in case of medical negligence cannot proceed without expert opinion holds Supreme Court

January - 2022

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  • Publishes ‘real time judgments’ on medical negligence from higher courts
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  • Cases selected / analyzed solely from a doctor’s viewpoint
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