Tag Archives: Medical Negligence

Allegations against Doctor for wrong use of Schedule H drug turned down by Court

Ulta Patient Doctor ko Daate

Allegations against Doctor for wrong use of Schedule H drug turned down by Court In the judgment dated 29/01/2016, in the case of Y. NARESH & ANR V/s. DR. VASU KARLAPUDI, FIRST APPEAL NO. 673 OF 2015, the National Commission rejected the appeal of the Compliant ! The Factual matrix in nutshell !! Ms.Neeraja, 40, […]

It is not mandatory for Operating Surgeon to see condition of CBD and remove stones while operating Gall Bladder

It is not mandatory for Operating Surgeon to see condition of CBD and remove stones while operating Gall Bladder. The Doctor could come out of the clutches of Law and penalty of Rs.4.5 lakhs towards damages!! It is not mandatory for the operating surgeon to see the condition of CBD and remove the stones while […]

Insurance Company ordered by Court to Pay fine for Medical Negligence of Doctors

Insurance Company ordered by Court to Pay fine for Medical Negligence of Doctors

Insurance Company ordered by Court to Pay fine for Medical Negligence of Doctors Its indeed Very interesting case. The Hospital was vicariously held liable for the Medical Negligence of Doctors (wrong surgery) but the Insurance Company was held liable to pay the compensation as per the indemnity / policy conditions. In a very short, 8 Para, […]

Court Fined Doctors Rs. 40 Lakhs for Delay in Patient Diagnosis and Treatment

Court Fined Doctors Rs. 40 Lakhs for Delay in Patient Diagnosis and Treatment

Court Fined Doctors Rs. 40 Lakhs for Delay in Patient Diagnosis and Treatment The Delay in diagnosis and treatment made the patient to lose her life, which in turn costed Doctors and Hospital hefty sum of Rs.25 lakhs towards compensation + Rs.15 lakhs towards mental pain & agony, totalling to Rs.40 lakhs with interest !!! […]

Allegations of Negligence were turned down, but sympathy towards patient costed Doctor Rs.50,000

Allegations of Negligence were turned down, but sympathy towards patient costed Doctor Rs.50,000

Allegations of Negligence were turned down, but sympathy towards patient costed Doctor Rs.50,000/- 1) A medical practitioner faced with an emergency ordinarily tries his best to redeem the patient out of his suffering. 2) He does not gain anything by acting with negligence or by omitting to do an act. Obviously, therefore, it will be […]

Whether Decision to put a patient on Ventilator, problem of Bed Sores and failure to provide copies of Medical Records, can be grounds of Medical Negligence ?

Whether Decision to put a patient on Ventilator, problem of Bed Sores and failure to provide copies of Medical Records, can be grounds of Medical Negligence ?

Whether Decision to put a patient on Ventilator, problem of Bed Sores and failure to provide copies of Medical Records, can be grounds of Medical 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 […]

Can Patients sue Doctors & Hospitals under Consumer Protection Act ?

Can Patients sue Doctors & Hospitals under Consumer Protection Act ?

Can Patients sue Doctors & Hospitals under Consumer Protection Act ? A Judgment that brought the Medical Services under the canopy of Consumer Protection Act… The Doctors always wonder as to why the they have been bought under the four corners Consumer Protection Act, 1986 (COPRA). 20 years back, a 3 Judges Bench of Hon. […]

Saving Patient life is important than Improvement of Patient Vision – rules Court dismissing Medical Negligence case

Saving Patient life is important than Improvement of Patient Vision

Saving Patient life is important than Improvement of Patient Vision To save the life of patient was more important, rather than the improvement of vision of the patient – observed the National Commission and relieved Doctors from charges of Medical Negligence.   “When a patient dies or suffers some mishap, there is a tendency to […]

Patient not following Advice given by Doctors do not amount to Medical Negligence!!!

Patient not following Advice given by Doctors do not amount to Medical Negligence

Patient not following Advice given by Doctors do not amount to Medical 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. The Facts […]

11 Point Guidelines for Doctors to deal with Medical Negligence cases

Guidelines for Doctors to deal with Medical Negligence cases

11 Point Guidelines for Doctors to deal with Medical Negligence cases!!!! Doctors be aware of your rights. Know the 11 pointer and make others aware about it by sharing it!!!! The Apex Court in its landmark judgment of Kusum Sharma V/s. Batra Hospital, 5 years back has laid down the following guidelines while dealing the […]