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

Issue

 Back
February 2022

“Mere legal principles and the general standard of assessment was not sufficient in a matter of the present nature” – Supreme Court suggests different treatment for medical negligence cases

Dr. Harish Kumar Khurana v/s Joginder Singh & Ors.   
15MLCD (j43) | Supreme Court of India, New Delhi
Judgement in favour of: Doctor

OPD patient falling from wheelchair in hospital, not “strictly” medical negligence” observes National Commission - But compensation for mental agony / physical trauma granted

Director Administration, P.D. Hinduja National Hospital & Medical Research Centre  v/s Harsha Ashok Lala  
15MLCD (j51) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court holds surgeon negligent for not following medical texts and missing a sub clinical occult fracture

Shiv Kumar Sharma v/s St. Stephens' Hospital & Ors. 
15MLCD (j53) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court refuses to hold doctor / hospital negligent despite missing an anomaly and further observes that "anomaly was caused only due to genetical and environmental factors"

Beena Rajesh v/s Vivius Hospital Pvt. Ltd. & Ors. 
15MLCD (j58) | Karnataka State Consumer Disputes Redressal Commission, Bengaluru
Judgement in favour of: Doctor

Military hospital held not negligent for losing medical records after 10 years - Period of 3 years prescribed by IMC Regulations 2002 referred to by the court

Ashish Kumar Chauhan v/s Commanding Officer,171 Military Hospital & Ors.
15MLCD (j64) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Relying on consent, court refuses to believe that 100% guarantee was given by the hospital to achieve pregnancy through IVF

Geeta v/s Eva Hospital  
15MLCD (j73) | Rajasthan State Consumer Disputes Redressal Commission, Jaipur
Judgement in favour of: Doctor

"Primary Health Centres regularly dealing with delivery cases must be ready for emergencies and cannot run a Centre without ambulance” – Madras High Court

T. Rajagopal v/s The State of Tamil Nadu & Ors.
15MLCD (j74) | Madras High Court, Bench at Madurai
Judgement in favour of: Patient

"Only the value of the consideration paid should be taken into consideration while determining the pecuniary jurisdiction" - The new 'Consumer Protection Act, 2019'

Poonam Sharma v/s Institute of Liver & Biliary Sciences & Ors.   
15MLCD (j79) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: None



Know Your Journal

How To Get Maximum

  • 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
Testimonials FAQs Get Complimentary Copy
×