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Showing posts from December, 2018

No Bail, but Jail for Attackers : Great relief to the Doctors. A judgment that may set the trend.

"Bail is a rule and Jail is an exception" - This is the Cardinal principle of Criminal Law. But when the facts of the case fall under such 'exception', then there is no other option but to send the culprits to the Jail. In these  days where incidences of attacks on Doctors and on Hospitals  in all over the Country have become rampant, a sigh of relief has come by way of a Judgment in Palghar (Maharashtra) Court which has awarded 1 year imprisonment and fine to total 13 accused for attacking a Doctor and causing damage to the Hospital.   It would be perhaps the 1st judgment that has been passed under the Maharashtra Medicate Service Persons and Medicare Service Institutions (Prevention of Violence and damage or loss to the property) Act, 2010. Please see the following link for the news.: https://www.outlookindia.com/newsscroll/mhcourtdoctor-attacksentence/1442134 The Facts of the case in nutshell are such that  a 70 years old patient with sever chest p

Making False advertisement is exploitation of patients : The Hospital saddled with Rs.1 lakh

Making False Advertisement, rather not adhering to promises  made in Advertisement costed Rs.1 lakh to the Hospital. A lesson to be learnt by others. Make such promises in the Advertisement which can be fulfilled.  Case Details : Suryakant V/s. Brahmashakti Sanjeevan Hospital, Haryana. Revision Petition No.1776/2017 Decided on :13/11/2018 Before : Hon. Dr. S.M.Kantikar, Presiding Member, Hon. Mr. Dinesh Singh, Member Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F1776%2F2017&dtofhearing=2018-11-13 Facts in short : 1. The case revolves around following Advertisement given by the Hospital in local news paper. “ एंजियोग्राफी   - 12,500 " "एंजियोप्लास्टी    - 1,25,000        एक मेडिकेटिड स्टेंट के साथ ” 2. The Complainant after chest pain was admitted to the Hospital and he underwent Angioplasty and a stent was also implanted. It was contended on behalf of the complainant t