PREVENTION IS BETTER THAN CURE

  • Doctor keeping his/her mobile switched off during emergencies could be held liable for deficiency of service

    - West Bengal State Consumer Commission | June 2023

  • Delegating a major surgery / post-surgery care to a junior surgeon could be construed as negligence

    - West Bengal State Consumer Commission | June 2023

  • Oral consent for ascites tapping done under local anaesthesia is an instance of negligence

    - Gujarat State Consumer Commission | June 2023

  • Patient is more responsible for post-operative negligence, particularly after discharge

    - Madhya Pradesh State Consumer Commission | June 2023

Just Published | June 2023

“Patient is more responsible in post-operative negligence more particularly after discharge”, observes court – Surgeon not liable for post-discharge infection

Shyam Sunder v/s Dr. Sunil Gehlot & Ors. 
16MLCD (j239) | Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal
Judgement in favour of: Patient


First test reports HIV positive, second and third negative - Pathologist held negligent for opining that possibility of HIV still existed

Dishari Health Point & Anr. v/s Doyajan Bibi & Ors.
16MLCD (j236) | West Bengal State Consumer Disputes Redressal Commission, Circuit Bench at Siliguri
Judgement in favour of: Patient


Oral consent for ascites tapping done under local anaesthesia is an instance of negligence, holds court

Gopal Krishsna Bhagbirath Purohit v/s Dr. Mukesh Chaudhary & Ors.
16MLCD (j231) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient


Court questions the rationale behind a senior surgeon delegating a major surgery and post-surgery care to a junior surgeon

Uma Mondal v/s Dr. S. Mukherjee & Anr.
16MLCD (j225) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Patient


Most Popular

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

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

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

November - 2022

'Masterly inactivity' a known percept in medicine often misconstrued by patient / attendants as well as courts – Greater care / caution required

October - 2022

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

January - 2022

Court wonders how a patient could self-extubate himself in the ICU where the highest standard of care is expected

February - 2023

Treating doctor upset as his advice was not followed by the patient hence stops ATT - Court observes this shows his “unprofessional concern”

May - 2023

Court holds obstetrician negligent for admitting a high-risk patient for LSCS in a nursing home with no ICU facility – Professional ethics violated for “personal gain”

May - 2023

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    From the Editors Desk
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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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