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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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"Save the Saviors - Beat the wrong mindset, not the Doctors" Adv. Rohit Erande ©

   "Save the Saviors -  Beat the wrong mindset, not the Doctors"   Adv. Rohit Erande © Last few days, what's been happening after the Deenanath Mangeshkar hospital's incident is nothing but sentiments are being forced to rule the Law !  The Physical Assault or Attacks on Doctors have become very common 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 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… I remember reading somewhere the quote of Swami Vivekananda , " The medical scienc...
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A Sr. Doctor was booked for Murder, as Telephonic Instructions went wrong causing death of a patient. Thanks to Apex Court which reduced it to lesser offense : Adv. ROHiT Erande ©

 A Sr. Doctor was booked for Murder, as Telephonic Instructions went wrong causing death of a patient. Thanks to Apex Court which reduced it to lesser offense  :  Adv. ROHiT Erande © Case Details : CRIMINAL APPEAL NO(S). 720-722OF 2025 (ARISINGFROMSLP(CRIMINAL)NO(S)4842-4844/2022)      DR. MOHAN          V/s.                        THE STATE OF TAMILNADU & ANR    Facts in Short : 1. The appellant assails the correctness of an order dated 11 th August, 2021 passed by the High Court of judicature at Madras in Crl.O.P. No. 25858 of 2016 and Crl.M.P. Nos. 12766 and 12767 of 2016 (miscellaneous petitions) filed under Section 482 CrPC for quashing the P.R.C. No. 20 of 2015 on i t ed he file of the Judicial Magistrate District Thiruvallur, State of Tamil Nadu registered under Section 304 Part I IPC. 2. The Appellant - a qualified medical practitioner ...
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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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