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

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January 2023

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

Dr. Khurshid Ahmad v/s Surendra Prasad & Ors.
16MLCD (j1) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

"Patient or her attendant is nobody to question it or dictate the terms of treatment to the doctors", observes court

Vinod Kumar v/s Post Graduate Institute of Medical Education & Research & Ors.
16MLCD (j5) | Chandigarh Union Territory Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Doctor

Patient transferred to another hospital in an autorickshaw, as the ambulance was delayed by 2 hours - No negligence, holds National Consumer Commission

Sarita Shukla v/s Dr. Ashwin K. Gadhvi & Anr. 
16MLCD (j11) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Court holds ophthalmologist negligent for placing IOL in anterior chamber instead of posterior chamber despite manufacturer’s advice to the contrary

Dr. Ajit S Jain & Anr. v/s Usha Khare & Anr.
16MLCD (j14) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

“Need of hour to start a national cochlear implants registry”, “revamp the guidelines”, and “curtail indiscriminate use of cochlear implants” – National Consumer Commission

E. V. Kesavan Namboodiri v/s The Medical Superintendent, Kasturba Hospital, Manipal & Ors.
16MLCD (j17) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Court finds it strange that the patient drawing a monthly salary of Rs.10,000/- claims Rs.10,000/- per month to keep an attendant

SGT Chaman Lal & Anr. v/s Union of India & Ors.
16MLCD (j20) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Doctor

Court sympathises with the government institution for lack of ventilators but holds it deficient in service for not taking steps to repair the defective ones

Post Graduate Institute of Medical Education & Research, Chandigarh   v/s Namrata Kataria & Ors.
16MLCD (j26) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient

Patient declared 'not fit for surgery' as he was weak and could not bear anaesthesia - Nothing wrong holds court

Rajiv Sharma v/s The Director, Post Graduate Institute of Medical Education and Research & Ors. 
16MLCD (j29) | Chandigarh Union Territory Consumer Disputes Redressal Commission, Chandigarh
Judgement in favour of: Doctor



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  • 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
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