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Showing posts from June, 2018

A Complaint claiming Rs.40 lakhs alleging that Complainant was not informed of the diagnosis, dismissed.

"The mere fact that a patient dies in a hospital does not lead to the presumption that the death occurred due to the negligence of the doctor and in order to make a doctor criminally responsible for death of his patient."
Case Details :
Mohd. Kasur Parvez V/s. St. Stephen's Hospital, Delhi.
Compliant No.87/2008, decided on 19/03/2018, By Hon. Delhi State Commission,
Before :
HON’BLE  SH. O.P. GUPTA, MEMBER(JUDICIAL),
HON’BLE  SH. ANIL SRIVASTAVA, MEMBER

Judgment Link :
http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2FCC%2F08%2F87&dtofhearing=2018-03-13

Facts in Short.


1.The case goes back to 2007. The Complainant filed the complaint claiming Rs.40 Lakhs against the Hospital on the ground of death of his wife.
2. It was alleged that complainant’s wife Smt. Zaheda Rajat Quraisee,  a teacher in the Department of Human Resources Development of Bihar Govt. was admitted to the Hospital as she was having severe abdominal pain on 19/11/2007. Acco…

Doctors, Shop (Act) is closed till further order.

Doctors, Shop (Act) is closed till further order !!
The Hon. Bombay High Court previously had observed :
“Professional Establishment of a Doctor does not come under the definition of “Commercial Establishment” unless the Activity carried on is commercial in nature. Difference between professional activity and commercial activity is that professional activity is carried on by an individual by his personal skill while commercial activity is systematically and habitually undertaken for production of goods or rendering services to the Community”.
The Doctors which were pulled out from the canopy of Shop Act, have been again brought under the 4 corners of said Act ? The recent Bill L.A. Bill No. LIV 0f 2017, introduced in Maha. Legislative Assembly on 08th August, 2017 has categorically 'admitted' Doctors, Hospitals, dispensary, clinic, polyclinic, maternity home in the definition of term 'establishment' under the said Act. They were not specifically included in the previous A…

Out of Rs.1 Crore, Rs.75 lakhs were claimed towards mental pain and agony.. Well, the case got dismissed. The patient was also found to be in good health.

Can any one suffer mental pain & agony of Rs.75 lakhs ? !! - The unrealistic case filed just to confer jurisdiction directly on NCDRC, got dismissed.
Case Details. Reetu Jhamat V/s. M/s. Neelkanth Hospital, Gurgaon, & 2 others. CC No.2661/2017. Decided on 15/05/2018.
Before : HON'BLE MR. DR. B.C. GUPTA,PRESIDING MEMBER. HON'BLE MR. DR. S.M. KANTIKAR,MEMBER.
Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F2661%2F2017&dtofhearing=2018-05-15
Facts in short : 1.The Complainant was having abdominal pain, on 03.08.2016 approached Dr. Subrat Saxena i.e. the Opponent No.2 in the said Hospital. After USG she was diagnosed with “Cholelithiassis” i.e. Gall bladder stone (multiple small gall bladder stone). 2. She underwent laparoscopic Cholecystectomy on the same day and discharged from the hospital on 5.8.2016. However she had severe abdominal pain, she was again hospital on 07.08.2016. After further investigation,  the docto…