Tag Archives: Medical Negligence

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. […]

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 […]

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. […]

Rights of Doctors against criminal action – Recent horrible incident against Doctors in Pune

Rights of Doctors against criminal action - Recent horrible incident against Doctors in Pune

Rights of Doctors against criminal action – Recent horrible incident against Doctors in Pune Trail of Doctors – IPC 304A (Doctor) “or” 304-II Recent incidence in Pune stirred up the hornet’s nest among medical fraternity when Doctors were arrested on the alleged ground of Medical Negligence after the death of a patient and raised its […]

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 […]

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 […]

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 […]

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 […]