Medico-Legal

The purpose of gastric bypass surgery was for the obesity i.e. reduce the body weight and not as a treatment for diabetes.   The patient developed diabetic foot due to his uncontrolled diabetic status, which was clearly evident from the various laboratory reports.  Case Details : Harjeet Kaur V/s. Kular Hospital , Punjab and ors. F.A. No.799/2017 CORAM :  HON'BLE MR. DR. S.M. KANTIKAR,PRESIDING MEMBER Judgement Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F799%2F2017&dtofhearing=2017-12-06 Facts in Short : 1. The patient (since deceased) Mr. Satinder Pal Singh, weighing 95 kg, height 5.10, having history of High BP and Diabetics, was advised for Metaboilc Surgery by the Opponents. on 05/11/2013, the Gastric By-pass surgery was performed and after discharge from the Patient, he was feeling uneasiness, however the Doctors assured that everything will be ok. 2. In January 2...

In its recent order dated 21/12/2017, the Division Bench of Hon. Bombay High Court (Hon. Shantanu Kemkar and Hon. R.G. Ketkar JJ) stayed the Govt. Notification which allowed certain Homeopaths to practice Allopathy. Case details: I.M.A. V/s. State of Maharashtra, & ors. WP No.14052/2017 Link : http://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvY2l2aWwvMjAxNy8mZm5hbWU9V1AzMzQ2NDE3MjExMjE3LnBkZiZzbWZsYWc9TiZyanVkZGF0ZT0mdXBsb2FkZHQ9MjIvMTIvMjAxNyZzcGFzc3BocmFzZT0yNTEyMTcxNTMwMjM= As per the news in Hindustan Times, the IMA challenged the notification of Maha. Govt. which allowed Licentiate of the Court of Examiners in Homeopathy (LECH) degree holders  who have completed their courses between 1951 and 1982, to practice Allopathy. The IMA challenged this in High Court on various grounds. Let's wait for the final verdict. See the news Link : http://www.hindustantimes.com/mumbai-news/not-all-homeopaths-can-practise-allopathy-in-maharash...

" It was not a duty of a lay person to interpret the scientific medical report." Case Details : SHILPI SINGH V/.s CHAIRMAN, M/S. METRO INSTITUTES OF MEDICAL SCIENCES PRIVATE LIMITED & ANR.  CONSUMER CASE NO. 3133 OF 2017 Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F3133%2F2017&dtofhearing=2017-12-13 Facts in Shorts : 1. 22 years old  complainant, Ms. Shilpi Singh, a student of B.Sc. (Computer Science) filed the present Compliant directly before NCDRC for claiming Rs.1.80 Cr. compensation  for alleged victim of medical negligence, deficiency in service and callous approach of the opposite parties, which resulted in the acute weakness of left side of her body and ultimately became physically challenged. 2. The Complainant was suffering from severe headache, recurrent vomiting, pain in the abdomen, low appetite and weakness. However even after initial treatment, situation did not impr...

 A complaint for Rs.30 lakhs alleging  that  the Doctors intention were to extract money and Breast surgery was on wrong diagnosis of Cancer, dismissed in toto. Case details : BIMLA DEVI V/s.  DR. AJAY AGGARWAL HARYANA & Ors, JUDGEMENT LINK : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F226%2F2017&dtofhearing=2017-12-13 Facts in Short : 1. The Complainant late Smt. Bimala Devi approached National Commission against the order  passed by Haryana State Consumer Commission,whereby the complaint of the complainant was dismissed. 2.      The patient  initially consulted Dr. Kaushal Goyal of Rewari for swelling in her left breast., Who   referred her to Pathologist for Fine Needle Aspirations Cytology (FNAC).  The FNAC was performed by Pathologist-Dr. Gajendra Yadav  it was diagnosed as cancer of the left breast.  3. Thereafter, it...

"The Patient getting Discharge / Leaving the Hospital against the Medical Advice (DAMA / LAMA) no negligence can be attributed to Doctors", http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2369%2F2016&dtofhearing=2017-01-31 (Patient)Leaving Against Medical Advise, popularly also known as DAMA/LAMA, is the scenario which might be seen in various hospitals routinely. This Judgment is a lesson for patients and for Doctors as well, as it yet again emphasises the importance of proper treatment and maintaining the record. Case details - TARLOK CHAND MATTU V/s. M/S. VASAL HOSPITAL & ANR. REVISION PETITION NO. 2369 OF 2016. Decided on 31 Jan 2017 Allegations of the Complainant in short : 1. The Patient in this case i.e. the wife of the complainant, was admitted in the Hospital and was shifted to ICU. Certain tests worth Rs.1900/- were conducted, but reports were not shown to the Complainant nor the ailment d...

"The blood transfusion made at the Hospital cannot be termed as 100% safe and hence no negligence cannot be attributed to Doctors....." Case for Rs.90 lakhs compensation dismissed...  The national Commission has reiterated the view of Apex Court, in the case of SANDEEP KUMAR V/s. PGIMER, Chandigarh http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F407%2F2012&dtofhearing=2016-12-13 Facts in short : 1. The Complainant who is a qualified male nurse, is suffering from bleeding disorder, i.e., Haemophilia-A since his birth occasionally used to get blood transfusion at PGIMER. 2. One day he met with an accident was taken to Civil Hospital Khanna and according to the Complainant he narrated about his disorder and that Doctor instead of referring him to PGIMER, gave some medicines and as a result of which, he suffered  from malina (bleeding in stool). 3. Thereafter in his subsequent admission to PGIMER he underwent...

Laboratory Reports can be counter signed only by a registered medical practitioner with a postgraduate qualification in Pathology : Supreme Court.  Case Details : NORTH GUJARAT UNIT OF ASSOCIATION OF SELF EMPLOYED OWNERS (PARAMEDICAL) OF PRIVATE PATHOLOGY LABORATORIES OF GUJARAT V/s. NORTH GUJARAT PATHOLOGISTS ASSOCIATION & ORS. Link for the Judgment : http://supremecourtofindia.nic.in/supremecourt/2010/31471/31471_2010_Order_12-Dec-2017.pdf Facts of the Case : 1. The   Medical Council of India  ( MCI ) vide its  Letter  dated 14/06/2017 in a reply to a query of   given to  National Accreditation Board for Testing and Calibration Laboratories  ( NABL), a Constituent Board of Quality Council of India, mentioned that   " All the Lab reports to be signed/countersigned by the persons registered with MCI / State Medical Councils" 2. This decision was challenged across the India by various Associa...

Vetes, Homeopaths, Ayurvedic Drs or Drs practicing Siddha or Unani system cannot practice Allopathy - Hon. Delhi High Court. Adv. ROHiT ERANDE.© This is a very important judgment delivered by Hon. Delhi high Court in the case of Delhi Medical Association V/s. Principal Secretary, Health. See the following link and part of it has been reported in AIR 2016 DEL. 106 http://lobis.nic.in/ddir/dhc/RSE/judgement/09-04-2016/RSE08042016CW78652010.pdf Facts in nuthshell; 1. It was contended by the Petitioner - THE Delhi Medical Association (DMA)  that practitioners of the Indian System of Medicine (i.e. Drs. including Vets., Homeopaths, Ayurvedic, Siddh and Unani) and who are members of DBCP, have been illegally indulging in the practice of prescribing Allopathic Medicines despite being not registered and thus this amounts to quackery and agsint the provisions of Law. 2. The orders of various High Courts, including that of Madras High Court, Gujrath High Court, Allahaba...

"The Hospital and its directors were saved from paying Rs.90,60,000/- towards negligence after the Patient Committed Suicide in the Hospital "... "The hospital authorities, in our considered opinion  cannot be held negligent for failing to prevent such unexpected events which a reasonable person  is not expected to foresee". In an important judgment, the National Commission in its comparitively recent judgment came to the rescue of the Hospital, APEX INSTITUE OF MEDICAL SCIENCE ,KOLKATA, in the case filed by PAPIA BANERJEE. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F452%2F2014&dtofhearing=2016-08-31 Facts in short : 1.The Complainant, the widow of the patient late Mr. Niloy Banerjee , after he met with an accident took him to the Appellant hospital after initial treatment at some other hospital. 2. After discharge from the Appellant hospital, the patient  felt acute pain in the lower abdome...