Medico-Legal

Failure to rule out Ectopic pregnancy   :  Compensation saddled towards mental pain and agony  suffered by patient  , but reduced from Rs.10 lakhs to Rs. 1 Lakh. Case Details : GLOBAL HEART AND GENERAL HOSPITAL & 2 ORS, JAIPUR V/s. PADMKA KANWAR REVISION PETITION NO. 472 OF 2017, Judgment Dated : 12/10/2017. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F472%2F2017&dtofhearing=2017-10-12 Facts in Short : 1.  The Petitioner vide this  Revision Petition, challenged the order of State Commission,  Jaipur  which affirmed    the finding of the District Consumer Disputes Redressal Forum,  to the effect that there was negligence on the part of the treating Doctor in not correctly correlating the Ultrasound report of the lower abdomen of the Complainant, wherein it was opined that there was Ovarian Cyst (left) and Ectopic Pregnancy could not be ruled out and giving wrong treatment to her. However the State Commission  reduc

"NO DOCTOR CAN GIVE GUARANTEE OF CURE IN HIS TREATMENT" - National Commission. The National Commission held this in the case of M. SARALA, Chennai V/s. SUNDARAM MEDICAL FOUNDATION & anr. N.C. further held that , " No action may be maintained against any health care provider, upon any guarantee, warranty  or  assurance  as  to  the  result  of  any  medical,  surgical  or  diagnostic  procedure  or treatment, unless the guarantee, warranty or assurance, or some note or memorandum thereof, shall be in writing, and signed by the provider or by some other person, authorized to act for or  on behalf of such provider. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F34%2F2010&dtofhearing=2016-01-21 The Facts in nutshell : 1.The Complainant's right index finger, got cut during use of washing machine and she rushed  @ about 12.30 pm. to the Hospital alognwith her amputated finger in  plastic zipper bag. 2. T

The Patient was examined and treated by Physicians , Surgeons , Gastroentrologist , Neurosurgeons and Chest physicians who all were arrayed as Opponents in the case along with the Hospital... But all were saved by the Hon. Delhi State Commission. Case Details : Sh. Gurdev Singh V/s.  Mata Chanan Devi Hospital, New Delhi & ors. Complaint Case No. 07/2003. Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2Fc-07%2F2003&dtofhearing=2017-03-21 Facts in short : 1. The complainant, the husband of deceased patient Smt.  Devinder Kaur filed the case for medical negligence against the Hospital and the Doctors for Rs.20 lakhs. 2. The 65 yrs  patient was admitted in the said hospital   on the night of 12.08.2002 when she felt pain in her abdominal region and she was shifted to ICU uptil 16.08.2002. As she was the CGHS patient, the Hospital Authorities asked the Complainant not to worry about the expenses. 3. On

A Dead Fetus Delivered, but the Mother was saved.... No Negligence.. A case showing difficulties faced by Doctors vis-a-vis patients in Rural areas... Case Details : Ch Ravi Kumar & anr. ,Nadigram,  A.P. V/s. Dr. M. Syam Sundar    Rev.Petn. No.540/2017.  Judgmnt Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F540%2F2011&dtofhearing=2017-05-04 Facts in short : 1. The complainant no.2, Smt. Padmavati was taking the treatment from the Opponent, a Gynaecologist practising for 20 years.  2. On 23/11/2006 @ about 7 a.m. the patient had Labour pains. On next day due to unbearable pain, she got admitted in the Hospital, however after LSCS a dead fetus was delivered. It was told to the patient that the fetus died 2 days back. It was alleged by the Complainant that she was always assured by the Doctor that everything was normal, despite that she delivered still born baby. She was never advised to undergo Ult

An important case for Doctors, and  especially for Radiologists, Pathologists and Oncologist, in particular...  The judgment starts with the preface which clarifies the case in hand. "As malignant primary bone tumors are rare cancers, and as management is complex, the accepted standard is to provide access to the full spectrum of care. The cancer treatment centers, the therapy is usually given within the framework of prospective, often collaborative, clinical studies, or established treatment protocols.   An initial chemotherapy can have life changing consequences, but unfortunately osteosarcoma is an aggressive form of cancer, and increase in size after chemotherapy can result in limb sparing surgery or an amputation depending on the stage and spread of the cancer.” The National Commission in its judgment dated 17/07/2017 came to the rescue of Doctors and Well known Hospital in the Country... C ase details..  BINOD CHOUDHARY & 3 ORS. V/s. #TATAMEMORIA