Category Archives: Articles

A Physician is free to decide whom he will serve, save in case of Emergency – Court rejects 2.5 Crore petition against Doctor & Hospital

A Physician is free to decide whom he will serve, save in case of Emergency - Court rejects 2.5 Crore petition against Doctor & Hospital

A Physician is free to decide whom he will serve, save in case of Emergency –  Court rejects 2.5 Crore petition against Doctor & Hospital “Its in the interest of Patients that Doctors. should not be dragged to the Court unnecessarily”” – National Commission observed while dismissing the Compliant for damages of Rs.2.5 Crores as […]

“No doctor will assure full recovery or give guarantee that result of surgery would be 100% cure” – National Commission

"No doctor will assure full recovery or give guarantee that result of surgery would be 100% cure" - National Commission

“No doctor will assure full recovery or give guarantee that result of surgery would be 100% cure” – National Commission   Rajesh Taneja V/s. Kaiser Hospital, Haryana. Facts : Case of The complainant : 1. The Complainant who had undergone Total Hip Replacement (THR) of both sides. After few years, suffered pain in the right […]

“M.D. Medicine Doctor is not negligent when he gives Neurological treatment to a patient in emergency” – National Commission

"M.D. Medicine Doctor is not negligent when he gives Neurological treatment to a patient in emergency" - National Commission

“M.D. Medicine Doctor is not negligent when he gives Neurological treatment to a patient in emergency” – National Commission I think this judgment is to be juxtaposed with earlier judgment which observed that M.D. Medicine cannot practice cardiology. This issue is required to be decided finally i.e. the area of practices of M.D. Medicine vis-a-vis other […]

Why Doctors who lad left for Foreign Hospitals &; Medical colleges are returning back to India

Why Doctors who lad left for Foreign Hospitals & Medical colleges are returning back to India It’s a question Dr Paul Ramesh Thangaraj has been asked several times since 2002, the year he decided to move back to India after a decade long stint in the UK. Why would a cardiothoracic and transplant surgeon based […]

Insurance Cover saved Doctor from Medical Negligence of wrong surgery

Insurance Cover saved Doctor from Medical Negligence of wrong surgery “The Hospital was vicariously held liable for the Medical Negligence of Doctors” Its indeed Very interesting case. In a very short, 8 Para, judgement of National Commission, NEW INDIA ASSURANCE CO. LTD V/s.SRI SAI HOSPITAL, U.P., & 3 ORS, date of judgment 4th January, 2016. […]

No Cure is Not a Negligence – National Commission rejected Rs. 88,71,411 against Hiranandani Hospital

No Cure is Not a Negligence - National Commission rejected Rs. 88,71,411 against Hiranandani Hospital

No Cure is Not a Negligence – National Commission rejected Rs. 88,71,411 against Hiranandani Hospital National Commission observed in its recent judgment dated 10th May, 2016 thereby dismissing the complaint praying compensation of Rs.88,71,411/-. DR. ALANKAR LAXMAN KHANVILKAR V/s. L.H. HIRANANDANI HOSPITAL & 4 ORS. FIRST APPEAL NO. 1000 OF 2015 The Facts in nutshell: […]

A patient lost her life after Unwanted Hysterectomy, costed Rs.10 lakhs to Doctors

A patient lost her life after Unwanted Hysterectomy, costed Rs.10 lakhs to Doctors. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do… case of MADAN LAL & ORS V/s. DR. R.K. CHAUDHARY & ANR . Facts in Short : Case of the Complainant : 1) The deceased patient i.e. wife of the Complainant, 37 years of age, was taking treatment for abdominal pains. […]

When Degrees M.S. in surgery, printed on the Prescription saved Doctors from compensation of Rs.7,25,699

When Degrees M.S. in surgery, printed on the Prescription saved Doctors from compensation of Rs.7,25,699

When Degrees M.S. in surgery, printed on the Prescription saved Doctors from compensation of Rs.7,25,699   NARAYAN SINGH V/s. DR. K. PURISHOTTAM – R.P. no.1220 / 2015. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do… Facts : The Complainant filed a case for getting compensation of Rs.7,25,699/-, by alleging that as the Doctor did not apply the plaster properly on his injured […]

Can a Gynaecologist be an expert witness in the MLC involving Chest Medicine or Neurology? Read to Find Out

Stethoscope court

The National Commission was dealing with this question and expressed its concern that it’s high time in India to have strategies for regulating expert witness testimony in medical negligence cases. M/S. SANKAR PRASAD BOSE & ANR V/s. DR. B.N. BASU MEMORIAL CLINIC APOLLO NURSING HOME & 3 ORS http://cms.nic.in/ncdrcusersWeb/GetJudgement.do… Facts in Brief : 1. 90 […]

Patient Died after an Unwanted Hysterectomy: Costed Rs.10 laks to Doctors

Insurance Company ordered by Court to Pay fine for Medical Negligence of Doctors

A patient lost her life after Unwanted Hysterectomy, cost Rs.10 lakhs to Doctors. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do… The case of MADAN LAL & ORS V/s. DR. R.K. CHAUDHARY & ANR . Facts in Short : Case of the Complainant : 1) The deceased patient i.e. wife of the Complainant, 37 years of age, was taking treatment for abdominal […]