Category Archives: Articles

Generic vs Branded medicines

Aamir Khan generic medicines

One may argue legally that, yes there is mandate of prescribing generic medicines, but does that ban prescribing branded medicines simultaneously ? =========================================== Reduction in the prices of Branded Medicines and/or improving quality of Generic Medicines, will be beneficial for all… =========================================== Lets see the topic in nutshell.. The recent amendment made by MCI to […]

Doctors, No Need To Have Shop Act License: 3rd Judgment On This Point

Doctors, No need to have Shop Act License… 3rd Judgment on this point… The Division Bench of Hon. Bombay High Court (Nagpur Bench) in its comparatively recent judgment dated 21st October 2016 has reiterated the earlier views in the case of Indian Medical Association V/s. State of Maharashtra & Ors. (Writ Petition No. 4579/2005 ) […]

Relief to Doctors under PCPNDT Act, against delayed & high handed action of AA

“Another relief to Doctors under PCPNDT Act, against delayed and high handed action of AA” Hon. Rajasthan High Court dismissed the Petition of State of Rajasthan, as the Original Complaint itself was time barred and the allegations leveled were not of Sex Determination, but were relating to deficiencies in F Forms etc.., Case Details: State […]

Patient Leaving Against Medical Advice, Is Not Entitled For Compensation

Mere omission to sign on "F Form" does not make the Doctor liable for prosecution

“The Patient of LAMA i.e. Leaving (the Hospital) Against Medical Advice, is not entitled for the Compensation” In an interesting judgment in the case of JAIRAM SAHU V/s. CHANDULAL CHANDRAKAR MEMORIAL HOSPITAL & ANR, CHHATTISGARH, the National Commission dismissed the complaint of Rs.18 lakhs. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2425%2F2016&dtofhearing=2017-05-25 Facts in brief: 1. The petitioner – Complainant filed the […]

Has Installation of CCTV In The Clinic Become A Must For Medicos?

was regarded as utter disregard to the rules, regulations and the rulings by the Hon’ble Apex Court and was held liable for medical Negligence.

Whether installation of CCTV in the Clinic has become a must for Medicos ?. I overheard this incidence from one of the Doctor and thought I must share with you so that you may take necessary precaution. The CCTV in Hospitals is a common thing, but the following incident will make the Private clinic runners […]

Court Ordered Dentist To Pay Rs.35,000/- For Extracting Wrong Tooth

Stethoscope court

“Dentist ordered to pay Rs.35,000/- for extracting the wrong tooth, but the unwanted remarks about the competency of Doctor were expunged” http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=6%2F0%2FA%2F22%2F2017&dtofhearing=2017-04-24 In an interesting case, the Chandigarh State Commission while delivering judgment in the case of Tanvir Malik V/s. Dr. Harvansh Singh Judge Institute of Dental Sciences and Hospital Chandigarh upheld the order of […]

Complaint By Dentist To Get Rs.30 Lakhs For Botched Surgery Got Dismissed

“The Complaint filed by the Dentist for getting Rs.30 lakhs for botched surgery, was dismissed”. Case Details: Dr.Rai Abhishek V/s. Joy Hospital Pvt.Ltd., Mumbai & anr. Consumer Complaint No.CC/11/273, decided on 24/04/2017, by SCDRC, Mumbai. http://cms.nic.in/ncdrcusersWeb/GetPdf.do?method=getPdf&cid=21%2F0%2FCC%2F11%2F273&dtOfHearing=2017-04-24 Facts in short: 1. The Complainant – Doctor met with an accident on or about 10.10.2009 as his 2 […]

Undue delay in diagnosis & failure to decide the line of treatment costed Rs. 5 lakhs to Doctor

Undue delay in diagnosis & failure to decide the line of treatment costed Rs. 5 lakhs to Doctor The National Commission in its judgment dated 13/10/2015 in the case of ASHA ABBHI V/s. KANPUR MEDICAL CENTRE PVT. LTD. & 2 ORS, Observed.. You may see the Following Link. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do… The Factual Matrix in nutshell is […]

Permission for Termination of the HIV Pregnancy @ 23-24 Weeks denied by Supreme Court

Permission for Termination of the HIV Pregnancy @ 23-24 Weeks denied by Supreme Court Case details : Courtesy www.livelaw.in https://drive.google.com/file/d/0BzXilfcxe7yubUliZjdCRlM5dDA/view Judgment of Hon. Patna High Court. http://patnahighcourt.bih.nic.in/JudgementByCaseNo.aspx Indu Devi V/s. State of Bihar (SLA C no. 14327/2017) Facts in short : The judgment of Patna High Court reveals all the facts in details. 1. The […]

A Gynaecologist to receive Rs.19 lakhs for faulty eye surgery from an Ophthalmologist

A Gynaecologist to receive Rs.19 lakhs for faulty eye surgery from an Ophthalmologist The Delhi State Consumer Commission was dealing with the case, where both the parties were Doctors.. Case Details Dr. (Mrs.) Prakash Sharma V/s. Dr. Sharad Lakhotia & anr. CC No. 283/2001, decided on 27/04/2017. Facts in short : 1.The Complainant, a Senior […]