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

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April 2023

A surgeon practising obstetrics for several years competent to perform deliveries as "no extraordinary expertise" required – A questionable proposition from National Consumer Commission

Shahla Imam v/s Dr. Nahid Fatima & Anr.
16MLCD (j123) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Failure to give benefits of government schemes to patients at the outset is deficiency of service - Patients / attendants consent otherwise is irrelevant

The Manager, Dunakhe Hospital v/s Ashok Shantavan Alhat & Ors.
16MLCD (j129) | Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad
Judgement in favour of: Patient

Court observes that failure to perform certain pre-surgery investigations for which no symptoms were present is not negligence

Mrityunjay Kumar & Ors. v/s Pushpanjali Crosslay Hospital & Ors.
16MLCD (j136) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Patient hides past history of GI bleed and also fails to show earlier medical records - Court holds doctor not negligent for prescribing 'Voveran'

Deepak Gupta & Ors. v/s Indraprastha Apollo Hospitals & Ors.
16MLCD (j143) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Court holds doctors / hospitals not negligent as they followed medical texts when investigations were not giving a clear diagnosis

Sushma Dua & Ors. v/s Sir Ganga Ram Hospital & Ors.
16MLCD (j148) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

A sonologist issuing a post-surgery USG report on the hospital’s letterhead where the patient is admitted is legally acceptable, but reporting on a normal paper is not

Maheshwari Nursing Home & Ors. v/s Hemant Kumar Jain & Ors.
16MLCD (j154) | Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal
Judgement in favour of: Patient

Doctor-patient ignored medical advice and started his own practice immediately after PTCA – Infection contracted from own patients not negligence, concludes court

Dr. Devidas Ambadasrao Bhosale v/s Dr. Santosh Kavthale & Ors.
16MLCD (j158) | Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad
Judgement in favour of: Doctor

Claim of Re. 1/- compensation makes the allegation intense, but duty roster comes to the rescue of doctors to prove that the patient was under proper supervision in ICU when critical

Siddhartha S. Mookerjee & Anr. v/s Madhab Chand Mitter & Anr.
16MLCD (j169) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor



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