Category Archives: Articles

Only Allopathic Doctors can practice Allopathy . Surgical strike on Non – Allopathic Doctors

Only Allopathic Doctors can practice Allopathy

Only Allopathic Doctors can practice Allopathy The National Commission came heavily on quacks and transgressing in other branches of medicines, in the case of DEEPESH KUMAR KUSHWAHA & 2 ORS.V/s.Dr. GOPAL NARAYAN AWTE & ors. Facts in Nutshell… 1. The Complainant, the Son of Labourers fell sick and he was taken to the Opponent Doctor […]

Rs. 1 Crore Compensation dismissed by Court in a case on misunderstood facts about Pregnancy

Rs. 1 Crore Compensation dismissed by Court in a case on misunderstood facts about Pregnancy

Rs. 1 Crore Compensation dismissed by Court in a case on misunderstood facts about Pregnancy In its recent judgment dated 28/10/2016, (MADHUMITA PODDAR & ANR V/s. DR. RANJANA V. DHANU & LILAWATI HOSPITAL ANR ) the National Commission dismissed the case. Facts in brief : 1. The Complainant, with the History of PMS, PID (Pelvic […]

Engaging a MBBS Doctor with no PG Degree, costed Rs. 10 lakh, to a Renowned Hospital in Pune

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.

Engaging a MBBS Doctor with no PG Degree, costed Rs. 10 lakh, to a Renowned Hospital in Pune A MBBS Doctor working as an Anesthetist over the period of 40 years, but having no PG Degree in Anesthesia was regarded as utter disregard to the rules, regulations and the rulings by the Hon’ble Apex Court […]

No need for Doctors to have Shop Act License . Landmark decision by High Court

No need for Doctors to have Shop Act License

No need for Doctors to have Shop Act License The Division Bench of Hon. Bombay High Court (Nagpur Bench) in its 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 ) 1. This is the 3rd […]

Even best professionals sometimes have failures. Court rejected Rs. 89 lakh compensation case against Hiranandani Hospital Doctor

Even best professionals sometimes have failures

Even best professionals sometimes have failures “Even best professionals, what to say of average professionals, sometimes have failures”.. The National Commission recently held in its judgement dated 10/05/2016 while dismissing the appeal filed by Dr. Alkankar Khanvilkar filed against L.H. Hiranandani Hospital. ( F.A. No.1000/2015), reported in IV (2016) CPJ 129 (NC). Facts in nutshell […]

Proper informed consent of DNR ( Do Not Resuscitate) saved Apollo Hospital Chennai Doctors from Rs.20 lakhs of compensation

Proper informed consent of DNR ( Do Not Resuscitate) saved Apollo Hospital Chennai Doctors from Rs.20 lakhs of compensation

Proper informed consent of DNR ( Do Not Resuscitate) saved Apollo Hospital Chennai Doctors from Rs.20 lakhs of compensation APOLLO SPECIALTY HOSPITAL & ANR., CHENNAI V/s. R. MUTHUKRISHNAN Dated : 31 Aug 2016 Allegations of the Complainant : 1. The 12 year son of the Complainant was diagnosed as Acute Myeloid Leukemia (AML). Afterwards the […]

Informed Consent From Relatives & Not From Patient Cost Doctor 5 lakhs

Stethoscope court

Informed Consent taken from relatives and not from the patient herself, who was otherwise in a position to give consent, cost Drs. Rs.5 lakhs. The National Commission in its recent judgment dated 4th July, has given the important verdict in the case of SURESH CHANDRA MYTLE & ANR V/s. NEW INDIA INSURANCE CO. LTD. & […]

Not Providing Copy of Medical Record Amounts to Medical Negligence

Lawyer fined Rs.75000 for unnecessarily dragging Doctor to Court

Decision to put a patient on Ventilator is not a Negligence (saved Drs. From Rs. 60 lakhs) but not providing copy of medical record amounts to Negligence. The case of MANMOHAN SINGH & 2 ORS. V/s. FORTIS HOSPITAL You may see the link. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do… The Brief Facts: The deceased was 96 years lady, who was […]

Vetes, Homeopaths, Ayurveda, Siddha & Unani Physicians can’t Practice Allopathy

Stethoscope court

Vetes, Homoeopath, Ayurvedic Drs or Drs practising Siddha or Unani system cannot practice Allopathy – Delhi High Court. This is a very important judgment delivered by Hon. Delhi high Court in the case of Delhi Medical Association V/s. Principal Secretary, Health. See the following link and part of it have been reported in AIR 2016 […]

Patient not following advise of Doctor & Error of judgement are not Negligence

Lawyer fined Rs.75000 for unnecessarily dragging Doctor to Court

Patient not following advice of Drs. & mere Error of judgement, do not amount to Negligence. The NCDRC while dismissing the claim for Rs.65,00,000/- (Rs. Sixty Five lacks) in its recent judgment of Ms. Kamni Sharma & ors. V/s.Dr. Anil Nadir and Pamposh Hospital, New Delhi (Consumer Case no.351/2001, decided on 13/07/2015) observed as above…http://cms.nic.in/ncdrcusersWeb/GetJudgement.do… […]