Medico-Legal

ERCP preferred over MRCP - Landed Doctors in trouble.. Case Details : M/s. St. Stephen’s Hospital,  Delhi. V/s.  Masood Zafar Case No. F.A.No.65/2006, Decided on 08/05/2018 Before : N P KAUSHIK (Member - Judicial) Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2FFA%2F65%2F2006&dtofhearing=2018-05-08 Facts in Short : 1. The case goes back to January-2000. The Respondent-Complainant Mr. Zafar took his ailing mother to the Appellant Hospital as she was suffering from severe headache. However the MRI Scan did not show any abnormality. After 4 days, she was again hospitalized for severe abdominal pain. 2. A tentative diagnosis of cholecystitis (gall bladder disease) was made.  Ultrasound revealed biliary sludge with mild biliary dilation and showed a stone in the common bile duct. As per the advise of Dr. Lahoti, the Gastroenterologist  ERCP procedure were performed on 24.01.2000. But th...

Allegations of Medical Negligence were turned down, but Hospital was held liable to pay Rs. 2 lakhs (reduced from Rs.15 lakhs, though) for having  inadequate staff and Doctors   Case Details : Indraprastha Medical Corp. Ltd., Sarita Viahr, New Delhi. V/s. Rajiv Gandotra & United India Insurance Co. Ltd.        First Appeal NO.220/2008, D.O.J. - 15/05/2018. Before : Dr. S.M. Kantikar - Member. Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F220%2F2008&dtofhearing=2018-05-15 Facts in short : 1. The Hospital filed the appeal against the Order of State Commission which directed the Insurance Co. to pay Rs.5 lakh and further directed the Hospital to pay total Rs.10 lakhs towards punitive damages to the Opponent No.1 - the Complainant, 2. The complainant, Rajiv Gandotra’s wife, Vandana ( ‘the patient’) was admitted in Opponent No-1-Apollo Hospital at Sarita Viha...

A patient who alleged that his eyesight was severely damaged and his life was ruined, was found by Doctors to be active on social media.  At last, Highly inflated claim of Rs.6 Crore+ dismissed.  Great efforts were taken by doctors to find out the truth..  Mind well Social-Media is a two edged sword... Case Details : Saurabh Saini V/s. New Delhi Center For Sight Pvt. Ltd. & others. Consumer Case No.70/2016 decided on 10/05/2018. Before : Hon.Dr. S.M. Kantikar, Member. Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F70%2F2016&dtofhearing=2018-05-10 Facts in short : 1. The Complainant underwent Torik Implantable Collamer Lens (TICL) due to his high myopic status & thin cornea. It was alleged that there were many lapses in performing TICL.  The Allegations may be arrayed as under : a) The surgery was unsuccessful.   b) The  behaviour  doctors was bad and...

 A case claiming Rs. 5 Crores (!) dismissed, as Doctors followed the Standard Protocols of Treatment.  Case Details : Abdul Shaik V/s.Dr. Vikram Mathews, Christian Medial College, TN. CC No.194/2009. Before : Dr. S.M.Kantikar (presiding Member) Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F194%2F2009&dtofhearing=2018-03-19 Facts in short : 1. Mulla Abdul, the patient, was admitted to Christian Medical College (CMC) in June-2007 for further management of  Mylodisplastic Syndrome (MDS) from Vellore. It was alleged that without concrete diagnosis, the patient was shifted to Cancer ward and was put under heavy treatment of powerful injections and it lea to serious side effects like swelling of his both legs, below waist, both ankles and in both wrists. However there was no treatment given. 2. The Doctors could not diagnosis and suspected TB also. His sputum sa...

The Patient with bad cardiac parameters was not admitted in ICU/CCU, but was referred from one OPD to another. It was held to be lapses committed by various Depts. of PGIMER and thus held to be "Institutional Negligence"  of the Hospital.  Case Details : PGIMER & anr. V/s. Jasmine & ors. F.A. no.45/2012,  Before Hon. Members :  Dr. B.C. Gupta (Presiding.Member.) and Dr. S.M.Kantikar Judment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F45%2F2012&dtofhearing=2018-02-23 Facts in brief : 1. Ms. Pritpal Kaur, (since deceased) the patient, 55, suffering from eye problem was admitted in Advanced Eye Care Dept of PGIMER. She also had other health problems like fever, difficulty in breathing with pain in abdomen, backache and diarrhea.She was kept overnight. it was further alleged that even  though the patient was a known case of Restrictive Cardiomyopat...