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How to handle Medico-Legal cases ? - Adv. ROHiT ERANDE.©

      How to handle Medico-Legal cases ? What to do when you are implicated ? - Adv. ROHiT ERANDE. ©   Introduction : The Medicos will agree with me that in these days Doctors have fear at the back of their mind that they might get embroiled in Medico-Legal Cases, commonly known as MLC. The relationship between Doctors and Patients is going through the vicious circle that patient think that  Doctors are just minting money having no regard to patient at all and at the other hand Doctors see almost every patient as a future litigant and that they will get beaten up at the hands of patient's relatives. Lets' try to see the topic "how to handle medico-legal cases " in short.    What is a Medico-Legal Case ? Have you ever heard Architect-legal cases or Law-legal cases or Chartered Accountant -legal cases ?Nope. But it's only the Medical Profession by its nature  directly gets connected  with such cases. ...
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Save the Saviours - Adv. Rohit Erande.©

  "Save Doctors to Save yourselves... Extinguish the wrong mindset, not the Doctors" Adv. Rohit Erande.© If Doctors cannot be treated as God's,they cannot be condemned as Devils too.. Attacks on Doctors have become very common that sarcastically, any one can get a Doctorate in this subject.. But uptil now the Drs were only attacked , but in this gruesome incident, the PG trainee Doctor of R.G. Kar Medical College, Kolkata was murdered after sexual assault and rape like Nirbhaya Case. Reportedly Hon. Kolkata High court has taken the Cognizance of the sad incident. It is said that there is unity in diversity in India… But this unity is also found, when it comes to Attack on Doctors…… There is no bar of cast, creed, religion, place, when it comes to attack on Drs… Take any State, any City of India, you will find rampant examples of attack on Doctors… Swami Vivekananda had once said, "The medical science has its limitations. There is no technique or method which will tel...
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'Higher Relief' to Doctors from the scanner of FDA on the alleged grounds of selling of medicines. - Adv. Rohit Erande. ©

  ' Higher  Relief'   to Doctors from the scanner of FDA on the alleged grounds of selling of medicines. Adv. Rohit Erande. © IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Case Details : CRIMINAL APPL ICATION (APL) NO. 638 OF 2023 Dr. Prashant S/o. Gokul Tipale V/s. State of Maharashtra. CORAM : G. A. SANAP, J., Decided on 22 nd July 2024. Following a complaint from the Chemists Association, the Food and Drug Administration (FDA) has reportedly started   a state-wide drive to inspect private doctors in Maharashtra stocking drugs in large quantities and selling them to patients . This action has stirrd up the hornet’s nest and the Doctors have been accusing the authorities for harassing them under the garb of inspection. On this background the recent judgment of Hon’ble Bombay High Court should provide solace to Doctors.   Facts in Short : 1. The original complaint was filed against the Petitioner – Applicant –a M.D. Psychiatri...
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The new Code and the Criminal Liability of Doctors, no need to get panic : Adv. ROHiT ERANDE ©

  The new Code and the Criminal Liability of Doctors : Adv. ROHiT ERANDE.  © It will not be an overstatement to say that, these days the Doctors are doing Defensive practice. There are umpteen number of incidences wherein if a patient dies, then the Doctors may face Civil Action for damages i.e. cases in a consumer court and/or Criminal Action, wherein the Doctors may get arrested on the alleged ground of Medical Negligence  and previously   charges under Section 304-II instead of Sec.304-A of IPC used to be imposed. However, now the Bharatiya Nyaya Sanhita Act, 2023 (BNS) received approval from the Hon’ble President and it came into effect since 1 st July 2024 and the new Code has brought many changes and as far as Doctors is concerned, we will try to compare these changes. Whether under old regime or the new one, it is the prerogative of Police Authorities to put the  sections in the FIR, but ultimately  it's legality ...
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The patient carried needle in the abdomen for 5 years !. The S.C. disagreed with the NCDRC decision to apply the Eggshell-Skull rule for reducing the compensation - Adv. Rohit Erande ©

  5 years after Appendectomy, it was found that a sharp needle left in the abdominal wall of a patient and a Doctor held liable for damages of Rs.2 laks for Medical Negligence by applying Doctrine of "Eggshell-Skull rule", but the SC enhanced the compensation !!!!!! Facts of the case in short : 1. In a rare but interesting case the National Commission reduced the the damages to Rs.2 lakhs on a Doctor, because of whose negligence, a sharp needle remained the abdominal wall of the Complainant in appendectomy, one of the most common surgical procedures performed in its recent judgment dated 01/09/2015, in the case of Jyoti Devi V/s. SUKET HOSPITAL & 3 ORS. (R.P. No.57/2015) link of NCDRC Judgment - http://cms.nic.in/ncdrcusersWeb/GetJudgement.do... 2. The complainant underwent appendectomy operation on 28-06-2005 at Suket Hospital, Sundernagar, Himachal Pradesh. She was discharged on 30-06-2015. During follow up, she complained of pain at the site of surgery. Again on 30...
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