Medico-Legal

How to deal with the deadly disease of Violence against Doctors?  Beat the Wrong-mindset and not the Doctors : Adv. Rohit Erande.© A) Introduction :  Attacks on Doctors and on Hospitals have become rampant in these days all over the Country. It will not be hyperbole if I would state here that almost every Hospital in India has experienced the dreadful attack and violence against the Hospital and the Doctors. It has created fear amongst the Medicos. The relationship between the Patients and Medical professionals is going through vicious circle and due to such incidences, the circle is not getting any breakthrough. Every Medico has one question in mind, Will it ever stop ? B) The Scenario : Hon. Shri. Pranav Mukherjee, the then Hon. President of India also expressed his deep concern over incidences of attacks on Doctors. While speaking at the inauguration of the Indian Institute of Liver and Digestive Sciences (IILDS), Kolkata, Shri. Pranab Mukherjee described attacks o

"Death of Policyholder due to Malaria after Mosquito Bite is an accidental death and hence Insurance Company is liable to pay the sum assured." In an interesting Case of National Insurance Co. Ltd. V/s Mosumi Bhattacharjee, (R.P. No.1270/2016), a question came before the National Commission to decide whether death of a Policy holder due to Malaria after a mosquito bite can be termed as accidental Death ? Facts in short. 1. Late Mr. Debashish Bhatacharjee, the husband of the Complainant took the home loan from Bank of Baroda and along with it, he also availed facility of Term insurance like policy by name "Bank of Baroda Loan Suraksha Vima", issued by the National Insurance Co. Incase of an accidental death, the policy amount was to be paid to the claimants 2. During the subsistence of the Policy, the Policy holder died due to Malaria and hence his legal heirs (LRs) applied to the Insurance Company fir getting the sum assured. 3. But the Insurance Company tu

Hon. Apex Court dismissed the charges of negligence against a Senior FRCS Surgeon as he chose conventional surgery over consented laparoscopic surgery to remove  Gall Bladder.  Nevertheless, a Case emohasisine importance of proper informed consent and proper documentation.  Case details : Dr. S.K. Jhunjhunwala V/s. Mrs. Dhanwanti Kumar & Anr.  Civil Appeal No.3971/2011., decided on 01/10/2018. CORAM : Hon. Abhay Manohar Sapre & Hon. Vineet Saran, JJ. Judgement Link : https://www.sci.gov.in/supremecourt/2010/17756/17756_2010_Judgement_01-Oct-2018.pdf Facts in Short : 1. The facts relate back to year 1996. The Respondent - Complainant-patient Mrs. Dhanwantari Kumari , resident of Kolkata had abdominal pain in the month of June-1996. As she did not get any relief from local Doctor, she consulted one Dr. Lakshmi Basu who inturn advised the patient to undergo certain tests like X-Ray, PA test, USG, etc. and after the reports, Dr. Basu opined that  the pa