Medico-Legal

Shri Anand Verdhan Maiterya, V/s. St. Stephen Hospital, New Delhi. Case no.: F.A. No.13/2018  Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetPdf.do?method=getPdf&cid=8%2F0%2FA%2F13%2F2018&dtOfHearing=2018-02-06 Facts in Short : 1. The Complainant filed this Appeal against the Judgment of Delhi District Forum which dismissed his compliant. 2. The Complainant alleged that on 02/07/2016, he had visited alongwith his pregnant wife the Respondent Hospital. The wife was asked to undergo 2 tests viz. Foetal Echo and Sugar and for said tests, the Complainant deposited Rs.1470/- with the Hospital for both the tests. However only Sugar Test was conducted and other Echo test was not done for want of the required facility and same was informed to the Complainant.  3. The treating Doctor wrote a note for refund of Rs.1120/- on the backside of the Bill. It was alleged by the Complainant that inspite of repeated demands and a legal notice, the Hospital did not refund t

The State Commission began its judgment with the observations of National Commission in the case of Indu Sharma V/s. Apollo Indrapastha Hospital,  Case Details : Ritesh Garg & ors. V/s. Max Hospital, New Delhi. Complaint No.282/2008, decided on 29/01/2018. Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2FCC%2F08%2F282&dtofhearing=2018-01-05 Facts in short : 1. The Complainant No.2 - Mother conceived after 10 years of her marriage and got admitted for delivery with the Opponent. She delivered a baby boy viz. Kush and the delivery was Normal. But soon after the delivery it was found that the baby had abnormality in his left hand and it was attributed to "shoulder dystocia" . 2. It was alleged that the abnormality in the functioning of the left arm termed as stricken with Erb Palsy was due to crude and violent pulling of the new born baby during delivery irreversibly damaging t

*It's Not only Medical Negligence, but Doctors' Handwriting also that led Courts to write Judgements..* *Adv. ROHiT Erande. ©* *"Who is a Pharmasist ? Ans : A person trained to read Doctor handwriting.* :)  ". There are so many jokes, satires made on this subject. But at times you may land up in trouble due to bad handwriting. Yesterday, read a news in which Hon. Odisha High Court asked Doctors to write prescription in legible handwriting.. It reminded me a case of Rs.50 lakhs damages filed against a Doctor for bad handwriting, though got Dismissed.. A Claim of Rs. 50 lakhs blaming that a patient died because Doctor's illegible handwriting  lead pharmacist to give wrong medicines, dismissed. In an interesting case, the Delhi State Consumer Forum dismissed the claim of Rs.50 Lakhs as it was outside the purview of CPA. Case Details : Mrs. Vimla V/s. Dr. Ashwani Gupta and Sir Ganga Ram Hospital, Delhi. Compliant No.46/2018, decided on 13/02/2018. Judgment Link : htt

Atleast myself came to know for the first time that an Eye Lens also comes with Expiry date. Case Details : Dr. Hitesh Chheda and Asian Eye Institute and Laser Center, Mumbai V/s. Ramesh Dedhia Appeal No.95/2017, decided on 16/02/2018, by Hon. SCDRC, Mumbai. Link : http://cms.nic.in/ncdrcusersWeb/GetPdf.do?method=getPdf&cid=21%2F0%2FA%2F17%2F95&dtOfHearing=2018-02-16 Facts in short : 1.  The patient had right eye cataract operation in the year 2007 with the Appellant Doctor. In 2009, when he had problems with his left eye, he was advised to undergo cataract surgery by Appellant Doctor and accordingly on 28/10/2009, the left eye cataract  surgery was conducted and on same day he was discharged. 2. However on next day of follow-up, the patient started complaining about unclear vision despite of cataract operation and he also had swelling around his left eye. 3. It was noticed by the daughter of patient that the empty packet of the implanted lens had 

A Physician is free to decide whom he/she will serve, except in case of Emergency –  Court rejects 2.5 Crore petition against Doctor & Hospital “Its in the interest of Patients that Doctors. should not be dragged to the Court unnecessarily”” – National Commission observed while dismissing the Compliant for damages of Rs.2.5 Crores as it prevents Doctors from discharging their duty to a suffering person who needs their assistance utmost. A Physician is free to decide whom he will serve, save in case of Emergency –  Court rejects 2.5 Crore petition against Doctor & Hospital Case : SUMAN TANEJA V/s. METRO HOSPITAL & HEART INSTITUTE & 3 ORS, decided on 02/02/2016. Factual Matrix in nutshell : 1. The Complainant, widow of deceased patient claimed damages to the tune of Rs. Two & half Crores on the ground that her husband who was diagnosed as Inferior Wall Myocardial Infarction (IWMI).did not receive the emergency treatment in Golden Hours.The Doctor refused t

Important Judgment on MTP Act.. The Court said, "why always women should suffer ?.. " "A woman may be married or living in live-in-relationship, the right to control their own body and fertility and motherhood choices should be left to the women alone. " "A woman's decision to terminate a pregnancy is not a frivolous one. Abortion is often the only way out of a very difficult situation for a woman." The Bombay High Court in its recent judgment delivered in "Suo Moto" PIL (bearing no.1/2016) (Coram -SMT. V.K. TAHILRAMANI & MRS. MRIDULA BHATKAR, JJ ) has paved way to right of women regarding Abortion or MTP, irrespective of their marital status...  Facts in nutshell : 1. It all began when an under-trial prisoner in Byculla prison namely Shahana gave a requisition for obtaining permission to terminate her pregnancy. The requisition given by Shahana was made  part of this PIL. 2. Shahana represented that she already