Medico-Legal

  Doctors and the Consumer Protection Act are inseparable !! : Question bothering the medicos for 3 decades has been set to rest by the Hon. Apex court.   Adv. Rohit Erande © The Supreme Court of India has once again affirmed an important principle governing the relationship between medical professionals and patients: doctors and hospitals providing medical services for consideration are not outside the purview of the Consumer Protection Act (CPA). The latest development came on 9 September 2026, when a five-Judge Bench comprising Justice Vikram Nath, Justice B.V. Nagarathna, Justice M.M. Sundresh, Justice Prashant Kumar Mishra and Justice K.V. Viswanathan dismissed a curative petition challenging the legal position established in Indian Medical Association v. V.P. Shantha, (1995) 6 SCC 651. The Court held that no case was made out within the strict parameters governing the exercise of curative jurisdiction. This order is significant because it represents the latest judic...

Case Details : Before the NCDRC, New Delhi.   Dr. Piyush G. Tank & Anr. v. Mrs. Raniben Rajeshbhai Adodadera , RP no. 2884/2015 , DOJ - 01/07/2026 Bench :  Justice A.P. Sahi, President, and Mr. Bharatkumar Pandya, Member .   1. Facts of the case in breif : The case goes back to 2013/14. The Petitioners the   BAMS-qualified Ayurvedic doctors , registered with the competent authority. The Respondent-mother consulted them during her pregnancy for Gynaecological treatment and care . During the treatment, the Petitioners prescribed various  Allopathic medicines . Subsequently, to the dismay of the Respondent, certain complications arose and the child did not survive . The Respondent filed a consumer complaint alleging medical negligence , principally contending that BAMS doctors were not qualified to prescribe Allopathic medicines. 2. Findings of the District & State Commission The District Commission held the doctors liable, principally o...

     "Save the Saviors -  Beat the wrong mindset, not the Doctors"   Adv. Rohit Erande © Very recently IMA Rajasthan Chief 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 d...

  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...

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 ?...