Tag Archives: Legal

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 […]

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 […]

4 days delay in taking remedial steps costed Rs. 12 lakhs to Gynaec, Anesthetist and Hospital

4 days delay in taking remedial steps costed Rs. 12 lakhs to Gynaec, Anesthetist and Hospital Case Details : DR. SUTAPA DASGUPT & ANR, KOLKATA V/s. TAPAN KAR & ANR. REVISION PETITION NO. 315 OF 2016, decided on 18 May 2017 Facts in short. 1.The wife of the Complainant i.e.Ms. Gopa Kar (patient) was admitted […]

Save Doctors to Save yourselves : President of India

Save Doctors to Save yourselves : President of India The Hon. President of India also expressed his concern over attacks on Doctors…. While speaking at the inauguration of the Indian Institute of Liver and Digestive Sciences (IILDS), Kolkata, the Hon. President Pranab Mukherjee described attacks on Doctors and Hospitals as “unacceptable” attacks on doctors and […]

“Supreme” Relief to Doctors against charges of causing Death of a patient” – Important Judgement of 2017 !!

“Supreme” Relief to Doctors against charges of causing Death of a patient” – Important Judgement of 2017 !! Their Lordships of Supreme Court observed, “.. Where negligence is alleged against professionals like doctors the court should be careful before instituting criminal proceedings. It is not possible for any doctor to assure or guarantee that the […]