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Healing the Healer: Why Society Must Stand Up for Doctors ? #Attakc_on_Doctors Beat the wrong mindset, not the Doctors" Adv. Rohit Erande ©

     "Save the Saviors -  Beat the wrong mindset, not the Doctors"   Adv. Rohit Erande © Very recently IMA Rajasthan was reportedly beaten up.  In a heated encounter, an aggressive mob allegedly assaulted some doctors at JP Orthopedic Hospital in Udaipur.  The dispute started when allegedly a 50-year-old patient with multiple fractures from a road accident didn’t wake up after a surgery.  This recent violent incident at Udaipur Hospital, where reportedly the IMA President was manhandled has stirred up a hornet's nest. The Physical Assault or Attacks on Doctors have become very common as if its a new normal !!, and  sarcastically, if I may say so, any one can get a PHD in this subject.. But until now the Drs. were only attacked, but now what we can see that the Media Trial has already held the Doctor and the Hospital as Negligent and unfortunately, the main issue has been politicized.   It is said that there is unity in diversi...
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The Surgeon has right to chose the procedure - Hon'ble Supreme Court :. Adv. Rohit Erande ©

  The Surgeon has right to chose the procedure in the interest of the patient - Hon'ble Supreme Court. The supreme Court observed : The criminal law has invariably placed medical professionals on a pedestal different from ordinary mortals. The allegations of tampering in consent form by replacing  Orchidectomy  over  Orchidopexy  were turned down and it was held that the Surgeon did it in the interest of the child. Case Details :  Before the hon'ble Supreme Court of India  SLP (Crl) No.14803/2023 DR. S. BALAGOPAL V/s. State of Tamilnadu  Coram : Hon'ble Pamidigantam Sri Narasimha and Hon'ble Manoj Mishra JJ. Decided on 06/04/2026 Facts of the case in short : 1. The Criminal case was started in the year 2006 against the Pediatric Surgeon - the Appellant and finally rested in the year 2026. 2. The father of a 1.5 yrs child     made a complaint, inter alia, alleging that his son,   was admitted in a hospital for a surgic...
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The Physiotherapists are entitled to use the prefix "Dr." & the title 'Doctor' exclusively belongs to medical professionals is a misconception- Hon. Kerala High Court. - Adv. ROHiT ERANDE ©

The Physiotherapists can very well use the title "Dr." & the  title 'Doctor' exclusively belongs to medical professionals is a misconception - Hon. Kerala High Court. Case Details : WP(C) NO. 43518 OF 2025 IN THE HIGH COURT OF KERALA AT ERNAKULAM   Hon. JUSTICE V.G.ARUN   Date of Decisions : 22 JANUARY 2026 .     INDIAN MEDICAL ASSOCIATION KERALA STATE BRANCH & ors. V/s. UNION OF INDIA & ors.  Factual matrix in short :.  1.  ' What's in a name? That which we call a rose / By any other name would smell as sweet" - the William Shakespeare might have said  400 years back.. But quite often, as we see in the courts, the cases are filed for the sake of names.   Very recently the issue  ' What's in a name? was brought on the  anvil  of    The Kerala High Court through various Writ petitions with single question, whether the Physiotherapists can use the prefix Dr. before their name ?...
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No Criminal Action against doctors without Expert Medical Opinion : P&H High Court - Adv. ROHiT ERANDE ©

 No Criminal Action against doctors without Expert medical opinion : P&H High Court -  Case Details :  IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Vijay Kumar Dhawan and others V/s. Gurpreet Singh .  CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA CRM-M-15772-2018 (O&M) Date of decision: 08.01.2026 Facts in short : 1. The present petition was filed by the Petitioner Doctors against quashing of FIR for the alleged  offences punishable under Section 304-A of IPC read with Section 34 of IPC, for causing death of a Pregnant woman in her permanency.   2. The case geos back to 2015, when the Respondent took his pregnant wife Smt. Sandeep Kaur to the Petitioner's hospital as she was in labour pains.  it was allged that it   was informed that she would have normal delivery and was asked to deposit the fee. however the Petitioners No. 2 and 3 had subsequently informed the complainant that a surgery was to be perfor...
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Important Judgments which shaped MTP Act, POCSO Act, and PCPNDT Act: Adv. ROHIT ERANDE.©

  Important Judgments which shaped MTP Act, POCSO Act, and PCPNDT Act: By Adv. ROHIT ERANDE. The Oby & Gyn. Specialists apart from keeping their medical knowledge updated and to use their skill, also routinely have to go through the legal frameworks when dealing with reproductive health, child protection, and prenatal diagnostics and the three critical laws governing Oby & Gyn medical practice in these areas are the Medical Termination of Pregnancy (MTP) Act, 1971, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994.  This article is an attempt to peruse in nutshell the important judgments that every doctor in India should be aware of. I. Important Judgments related to the MTP Act. The MTP Act, 1971 was passed to ensure the health and safety of women by reducing deaths from unsafe abortions, providing a legal framework for abortion under specific conditions, and protecti...
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Supreme Relief to Doctors - Complainant was asked to pay back Rs.10 lakhs to Dr, as same were paid due to "new case of negligence " found out by the National Commission - Adv. Rohit Erande ©

   Deep Nursing Home and another V/s. Manmeet Singh Mattewal and others  CIVIL APPEAL NO. 1662 OF 2016; Decided on   September 9, 2025  hon.  SANJAY KUMAR; J., Hon. SATISH CHANDRA SHARMA; J. Facts in short : 1. One Mrs. Charanpreet Kaur - 32 yrs, (the deceased mother of the new born), a co-operative bank manager on deputation as a lecturer in the Punjab Institute of Cooperative Training,  She was earning a monthly salary of ₹25,682/-. She was in the 8 th month of her pregnancy when she started consulting Dr. Kanwarjit Kochhar of Deep Nursing Home, Chandigarh (The appellant nos 2 and 1 respectively) .  2. According to the complaint case, she visited the nursing home several times and also underwent the tests prescribed from time to time. Photocopies of the ultrasound tests done on 08.08.2005, 11.11.2005 and 16.12.2005 were filed in this regard. It was stated that the couple visited the nursing home on 10.11.2005, 29.11.2005 and 09.12.2005 for ...
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Gynecologists to face Criminal Trial for Fetal Death due delayed Delivery : Allahabad High Court : Adv. ROHIT ERANDE ©

  Gynecologists to face Criminal Trial for Fetal Death : Allahabad High Court.  Case Details :- APPLICATION U/S 482 No. - 28703 of 2008   Dr. Ashok Kumar Rai (Applicant) V/s.  State of U.P. and another (Opponents)  Facts in Short : 1. This case is of the year 2008 !! It has been alleged that the patient was admitted to the Opponent's hospital on 28.07.2007 at 10.30 A.M. for her delivery. At around 11 O’Clock on 29.07.2007 the applicant called O.P. No.2 and checked up the patient and told her relatives that it is necessary for the patient to undergo surgery and asked for their consent. The same was immediately given, however, the surgery was not carried out in time. In the meanwhile, condition of the patient kept deteriorating and it is only at about 5.30 P.M. the patient was taken into the operation theatre. After operation, the informant was informed that the foetus has died. 2. It was also alleged that  when objection was raised by the...
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