Tag Archives: Legal

MD Medicine Dr. fined Rs.41 lakh for doing pleural tapping test without Sonography

MD Medicine Dr. fined Rs.41 lakh for doing pleural tapping test without Sonography, that too in Causality section The Maharashtra State Consumer Disputes Redressal Commission, (MSCDRC) in its recent judgment dated 31/03/2017, gave the verdict against the Doctor, but absolved the Hospital.. Case details – Mr.Prashant Tamhane V/s. P.D. hinduja Hospital and anr. CC No.221 […]

When a Doctor was saved from the clutches of Culpable Homicide not amounting to Murder

When a Doctor was saved from the clutches of Culpable Homicide not amounting to Murder

When a Doctor was saved from the clutches of Culpable Homicide not amounting to Murder A recent judgement of Hon. Orissa High Court, while narrating the importance of Doctors in common man’s life and what Doctors should do to keep this faith, has covered almost all the angles of the most feared legal provision amongst […]

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

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

Mere omission to sign on “F Form” does not make the Doctor liable for prosecution Hon. Bombay High Court. The recent judgment of Hon. Bombay High Court, providing much needed relief. Case details : Dr. Udaysingh Mansingh Patil V/s. State of Maharashtra, Cri.Appln. No. 2574/2014, Aurangabad Bench, decided on 08-12-2016, recently reported in 2027(2) Mh.L.J.232. […]

No Surgery can claim 100% recovery

No Surgery can claim 100% recovery

No Surgery can claim 100% recovery “In order to recover, the patient is expected to comply with the advice of the doctor”.. Case Details : BALJIT SINGH V/.s KUMAR HOSPITAL & ANR., Punjab, REVISION PETITION NO. 1975 OF 2016, decided on 07 Mar 2017 No Surgery can claim 100% recovery Facts in nutshell : 1. […]

Beat the wrong mindset, not the Doctors

Beat the wrong mindset, not the Doctors

Beat the wrong mindset, not the Doctors…… 3 incidents in a row of Brutal attacks on Doctors have put the Medical Fraternity in a state of shock and anger. Blessing in disguise is that nation has seen the much needed unity amongst Drs…. Let the unity remain as it is…. We’ll drink to limit and […]

Case claiming Rs.17 lakhs compensation was dismissed alleging failure on part of Doctors to diagnose fetal anomalies

Case claiming Rs.17 lakhs compensation was dismissed alleging failure on part of Doctors to diagnose fetal anomalies

Case claiming Rs.17 lakhs compensation was dismissed alleging failure on part of Doctors to diagnose fetal anomalies “Not all anomalies can be detected by ultrasound study.” Case Details : S. SARAVANAN V/s. M/S. RASI CLINIC & 3 ORS, TAMILNADU. Judgment Dated : 20 Mar 2017Case claiming Rs.17 lakhs compensation was dismissed alleging failure on part […]

It’s not an offense under the PCPNDT Act, if the computer generated reports are signed by the owner of the Hospital and not by the concerned Sonologist/ Radiologist – Hon. Bombay High Court

It's not an offense under the PCPNDT Act, if the computer generated reports are signed by the owner of the Hospital and not by the concerned Sonologist/ Radiologist - Hon. Bombay High Court

It’s not an offense under the PCPNDT Act, if the computer generated reports are signed by the owner of the Hospital and not by the concerned Sonologist/ Radiologist – Hon. Bombay High Court While quashing the Criminal Action under PCPNDT Act against Doctors and ordering the de-sealing of machines, it was observed, “It’s not an […]

Patient leaving Hospital against Medical Advice (LAMA). No negligence can be attributed to Doctors

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

Patient leaving Hospital against Medical Advice (LAMA). No negligence can be attributed to Doctors (Patient)Leaving Against Medical Advise, popularly also known as LAMA, is the scenario which might be seen in various hospitals routinely. This Judgment is a lesson for patients and for Doctors as well, as it yet again emphasises the importance of proper […]

Landmark decision by Court – “A Woman becoming pregnant after 4 years of Sterilisation operation, cannot be attributed as Medical Negligence, as no such operation guarantees 100% result, “

“A Woman becoming pregnant after 4 years of Sterilisation operation, cannot be attributed as Medical Negligence, as no such operation guarantees 100% result, “ and it saved Doctors from paying Rs.7.5 Lakhs MEDICAL SUPERINTENDENT ESI HOSPITAL, NEW DELHI V/s. RAM AVADH PAL, REVISION PETITION NO. 613 OF 2007, decided on 24/01/2017) Facts in brief :1. […]

“The Order of Mandatory installation of Active Tracker device nullified, as it proved to be” -High Court

“The Order of Mandatory installation of Active Tracker device nullified, as it proved to be” – Hon. M.P. High Court. In its recent judgment dated 18/01/2017, on bunch of Writ Petitions, the Hon. M.P. High Court has delivered the common verdict.. Needless to mention that its Binding effect will be limited to that State only. […]