Tag Archives: Judgement

Hospital and directors were saved from paying Rs.90,60,000/- towards negligence after the Patient Committed Suicide in the Hospital

Hospital and directors were saved from paying Rs.90,60,000/- towards negligence after the Patient Committed Suicide in the Hospital

Hospital and directors were saved from paying Rs.90,60,000/- towards negligence after the Patient Committed Suicide in the Hospital “The hospital authorities, in our considered opinion cannot be held negligent for failing to prevent such unexpected events which a reasonable person is not expected to foresee”. In an important judgment, the National Commission in its recent […]

Death of Policyholder due to Malaria is an accidental death and hence Insurance Company is liable to pay the sum assured

Death of Policyholder due to Malaria is an accidental death and hence Insurance Company is liable to pay the sum assured

Death of Policyholder due to Malaria is an accidental death and hence Insurance Company is liable to pay the sum assured In an interesting Case of National Insurance Co. Ltd. V/s Mosumi Bhattacharjee, (R.P. No.1270/2016), a question came before the National Commission to decide whether death of a Policy holder due to Malaria after a […]

When Free of Cost Medical Services come within the purview of Consumer Protection Act ?

When Free of Cost Medical Services come within the purview of Consumer Protection Act ?

When Free of Cost Medical Services come within the purview of Consumer Protection Act ? There is a vast difference between the words “Nursery ICU” & “Nursery and ICU”. SARVODAYA HOSPITAL & TRAUMA CENTRE V/s. N.K. SRIVASTAVA, SAFDURJUNG HOSPITAL. Facts In short : 1. The Appellant-1st Hospital was held liable for Medical Negligence, whereas Respondent […]

A stroll in the midnight by an Indoor Patient followed by his fall, costed “Supremely” Rs.11 lakhs to the Hospital

A stroll in the midnight by an Indoor Patient followed by his fall, costed "Supremely" Rs.11 lakhs to the Hospital

A stroll in the midnight by an Indoor Patient followed by his fall, costed “Supremely” Rs.11 lakhs to the Hospital In an interesting case of ASHISH KUMAR MAZUMDAR V/s. AISHI RAM BATRA CHARITABLE HOSPITAL TRUST & ORS before the Apex Court , the Court rejected the appeal of Hospital, but also rejected the enhancement claim […]

Why should women always suffer ??? Path-breaking decision on termination of Pregnancy

Why should women always suffer

Why should women always suffer Important Judgment on MTP Act The Court said, “why always women should suffer ?.. ” “The right to control their own body and fertility and motherhood choices should be left to the women alone. ” The Woman may be married or living in live-in relationship…. “A woman’s decision to terminate […]

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 […]