Medico-Legal

“Pyrexia of unknown origin (PUO) is not a Psychiatric disease. " & "Referring a patient to a higher center is not a Negligence . DAUJI DAYAL CHAUHAN V/s. SWARN JAYANTI SAMUDAIK Hospital & ORS. Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FOP%2F115%2F2002&dtofhearing=2016-03-07 Facts in brief : 1.The National Commission was dealing with the allegations of the Complainant, that due to initial wrong diagnosis and wrong treatment by the doctors the his Wife, a lawyer by profession, did not improve and succumbed to death. She was initially alleged to be diagnosed as PUO. But day by day, there was no progress and hence she was referred to a Neurologist in Agra, who after CT Scan etc opined it as the case of meningitis. But it was too late to save his wife and hence he filed the case of Rs.30 laks. 2. Doctors and Hospital  Version : All the proper care was taken. The allegations of...

" Only Allopathic Doctors can prescribe Allopathic Medicines" http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2514%2F2012&dtofhearing=2016-03-04 The National Commission came heavily on quacks and transgressing in other branches of medicines, in the case of DEEPESH KUMAR KUSHWAHA & 2 ORS.V/s.Dr. GOPAL NARAYAN AWTE & ors. Facts in Nutshell... 1. The Complainant, the Son of  Labourers fell sick and he was taken to the Opponent Doctor ( having only a certificate of Ayurveda Doctor and not a BAMS degree) , where he him diagnosed as a Malaria patient and he treated him with some allopathic medicines and injections for a period of 15 days. 2. But as the condition of the patient worsen, he was taken to higher center in a serious condition. It was transpired that the patient had Japanese Encephalitis for which treatment would continue life-long. 3. According to the complainant, due to wrong diagnosis and wrong t...

A perfect case of "करता कोई और , भरता कोई और।" The patient lost his leg due to primary “treatment” by a quack, but the buck was shifted on the Doctors for Medical Negligence, but fortunately in vain. PRAYAG HOSPITAL & RESEARCH CENTER PVT. LTD. & ANR. V/s. VIJAY PAL. REVISION PETITION NO. 293 OF 2012. Decided By National Commission. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F293%2F2012&dtofhearing=2016-02-08 Facts in short : The Complainant, a Milk Man, got grievously hurt due to attack by the buffalos and suffered injuries on his left leg and foot and he was admitted in the Hospital, where he alleged that the treatment received was bad and improper and as a result of which, his condition deteriorated and ultimately, amputation had to be done. Hence he filed a claim of Rs. 5 laks against Doctors and Hospital. His complaint was allowed by the lower forums and hence the Revision. The Doctors contended ...

A Patient not following the advice given by Doctors and mere Error of Judgment by Doctors do not amount to Negligence. The NCDRC while dismissing the claim for Rs.65,00,000/- (Rs. Sixty Five lacks) in its recent judgment of Ms. Kamni Sharma & ors.  V/s.Dr. Anil Nadir and Pamposh Hospital, New Delhi (Consumer Case no.351/2001, ) observed as above... The Facts in nutshell :- 1. The deceased husband of the Complainant No.1 was admitted initially in Orthonova Institute on 16.12.1999 for pain in right chest wall. Several tests and CT scan revealed a tumor at 2nd and 5th rib. These reports were denied by the Opponent No.1 Dr. when consulted for 2nd opinion and he made diagnosis of Tuberculosis of rib (TB) and started treatment accordingly..  2. However as there was no further improvement, the patient who was in critical condition was admitted lastly to Sir Ganga Ram Hospital, where he was diagnosed as a Squama Cell Carcinoma (SCC) of right lung with hepatic, brain, ...

" (The Doctor ) having studied one particular system of medicine, cannot possibly, claim complete knowledge about the drugs of the other system of medicine.   The transgression into other branches of medicine would tantamount to quackery.". The National Consumer Disputes Redressal commission has observed while allowing the Complaint thereby saddling  compensation of few lacks of rupees on a B.U.M.S  Doctor (Unani system of medicine ) for not not giving proper treatment to the patient which affected, adversely, on the health of the patient. The revision petition bearing no.4135/2014 was allowed on 01/09/2015. (TARA GULAB GUPTA V/s. AJIJUR REHMAN FIROZ AHMAD SHAIKH) (see the link http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F4135%2F2014&dtofhearing=2015-09-01) Facts in Short : 1.The daughter of the Complainant, Kumari Sarita, was taken to the opponent doctor as she developed a boil on her chin. 2.The Doctor ...

Rs. 1 Crore Compensation Case dismissed which was held to be filed on misunderstood  facts about pregnancy. Judgement Link. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F800%2F2015&dtofhearing=2016-10-28 Case details : MADHUMITA PODDAR & ANR V/s. DR. RANJANA V. DHANU &  LILAWATI HOSPITAL ANR. Facts in brief : 1. The Complainant, with the History of PMS, PID (Pelvic Inflammatory disease), UTI, Endometriosis underwent pregnancy test after her complaints of nausea with severe cramp in lower abdomen, but same turned to be negative and she was advised some drugs for PMS. 2. However thereafter the patient had some feeling of pregnancy symptoms and thus she underwent  Blood Beta HCG test which confirmed pregnancy of 4 weeks and thereafter Pelvis USG was also conducted twice and it was diagnosed as twin pregnancy. But the patient was immediately asked to stop medicines and later on the patient opted for M...

The   Case was based on the PM Report that  suggested the cause of death as Inj. Thiopental, but the Doctor who  made the report was  not an Anesthetist.. Finally Doctors were saved from Criminal as well as Civil charges. Case Details : DR. VIJAYA NIRMALA V/s. UDHIYA @ UDHIYAKUMARI & 4 ORS, PONDICHERRY REVISION PETITION NO. 1015 OF 2016, Date of Decision :  16 Oct 2017 Link to the Judgment : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F1015%2F2016&dtofhearing=2017-10-16 Facts in Short : 1. The case is of 2002. The deceased patient Mr. Kanniakumar had complaints of Penile Pain and Dysuria and after various tests, was diagnosed with VUJ-calculus of 3X2 mm and two large stones in Gall Bladder and he was advised to undergo a surgery. 2. At about 1.20 pm, The patient was administered   General Anesthesia (GA) with 250 mg. of Thiopental and 100 mg. of Scoline and  at the time of 2...