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NO RECORD IS NO PROOF, POOR RECORD IS POOR PROOF -Importance of keeping the Medical Record - Adv. ROHiT ERNADE. ©

Medical Records of "INDOOR PATIENTS" is to be maintained for 3 years. No such obligation is in seen incase of  OPD Patients record. Adv. ROHiT ERANDE.  © Every Doctor / hospital will agree that maintaining of record of patients is a herculean task. The number of patients examined in OPD (Outdoor Patient Department) are much more than the IPD (Indoor Patient Department) One may like it or not, but there is no excuse. Most of the cases of Medical Negligence are either won or lost by doctors on the basis of documentation.  Always remember " NO RECORD  IS NO PROOF, POOR RECORD IS POOR PROOF " In one of the case before the NCDRC, the moot question was whether a Patient who was admitted in an emergency ward and later on discharged after initial treatment can be regarded as the OPD patient or IPD Patient ? As the deceased patient after meeting with an accident came to the Hospital and after CT Scan, X-ray etc. were done and his left hand was plastered,  he was discharged f
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#Surrogacy Center Govt. permits using of #donor #gametes - Adv. ROHiT Erande.©

 #Surrogacy Center Govt. permits using of  #donor #gametes... Adv. ROHiT Erande. © Central Government in its recent amendment made to Surrogacy (Regulation) Rules, 2022 vide a notification dated 21/02/2024, has notified that the couples (husband or wife) certified as suffering from medical conditions, both gametes need not come from the intending couple. This is a very crucial development and will benefit many intending parents. The new rule reads as under : (i) couple undergoing surrogacy must have both gamete from the intending couple. However, in case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from medical condition necessitating use of donor gamete then surrogacy using donor gamete is allowed subject to the condition that the child to be born through surrogacy must have atleast one gamete from the intending couple; (ii) single woman (widow or divorcee) undergoing surrogacy must use self eggs and donor sperms to a
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Living Will / End of life Care - way to die with dignity -Adv. ROHIT ERANDE. ©

  The journey of Advanced Directive or the Living Will or End of Life Care  -  from no  base to good, now better and hoping for the best legal base ! ADV. ROHIT ERANDE  © Introduction :  Art.21 of the Indian constitution gives an individual the Right to Life and personal liberty –which are regarded as the Natural rights, even in absence of any Constitution. The words “right to life” has been interpreted by the Higher Judiciary to include various aspects of human life. E.g. right to live with dignity, right to environment, right of Free Trial, right to lead meaningful life and so on. This right of life whether includes right to die ? was the moot question before hon’ble supreme court and let’s see the history thereof in nutshell. Whether Right to life includes Right to die? a. The issue can be traced back to the landmark judgment in the case of P. Rathinam V/s. Union of India ((1994) 3 SCC 394), wherein the Division Bench of the Hon’ble Supreme Court held that Section 309 of the IPC
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Wrong measurement of the lens power by Technician is error of judgment, not negligence. The narrow-escape for the Ophthalmologist - Adv. ROHiT ERANDE ©

  Wrong measurement of the lens power by Technician proved to be the narrow-escape for the Ophthalmologist. T he wrong measurement of the lens power was the error of judgment on the part of the technician   and  not negligence , due to various responsible factors  - Adv. ROHiT ERANDE © Case Details : NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION,  NEW DELHI   REVISION PETITION NO. 99 OF 2019 (Against the Order dated 05/06/2018 in Appeal No. 438/2015 of the State Commission Maharashtra) PRAJAKTA PRADEEP MULAY Versus   VINOD GOYAL,  MUMBAI Judgment link.  https://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F99%2F2019&dtofhearing=2023-12-13 BEFORE:     HON'BLE DR. INDER JIT SINGH,PRESIDING MEMBER Order Dated : 13 December 2023 Facts in brief : The case goes back to 2008 ! 1. The   complainant a retired doctor herself due to eye problems,  consulted the  OP /  doctor  at his Surya Hospital in Mulund and after diagnosing the cataract
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To be Cocksure about Experience over adverse Tests reports costed 25 lakhs to a SR. Doctor and life to a patient. - Adv. ROHiT ERANDE ©

  Inspite of the TB Reports being negative, the Senior Physician - Cardiologist continued with the TB Medicines relying on his Clinical skills, resulted in to the Death of a Patient. Saddled with Rs.25 lakhs as compensation.   Adv. ROHiT ERANDE  ©   Before : NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI Case no. : CONSUMER CASE NO. 2860 OF 2017  Judgment Link : https://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F2860%2F2017&dtofhearing=2023-10-11 KANIKA DAS (Complainant) V/s.    SURYA POLYCLINIC & ANR. KOLKATA. (Opponents) BEFORE:         HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,PRESIDING MEMBER  HON'BLE BHARATKUMAR PANDYA,MEMBER   ORDER Dated : 11 October 2023 Facts in Short : 1.     Smt. Kanika Das filed the complaint for declaring that the opposite parties had committed deficiency in service in not providing adequate and appropriate treatment to her husband Himangshu Kumar Das, resulting in his death and directin
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