Medico-Legal

A recent Judgement of Hon. Apex Court may be referred to oasis for Doctors in these days. Their Lordships Observed, "We have sympathy for the appellant (who lost his beloved wife) , but sympathy cannot translate into a legal remedy" Case Details : Vinod Jain V/s. Santokba Durlabhji Memorial Hospital & ors. (2020) 1 SCC (civ.) 256 = (2019) 12 SCC 229. Civil Appeal No.2024/2019, decided on 25/02/2019 Coram : Hon. Sanjay Kisan Kaul and L. Nageswara Rao) Link : https://www.supremecourtofindia.nic.in/supremecourt/2017/34426/34426_2017_Judgement_25-Feb-2019.pdf Facts in short : The Appellant after consulting various Doctors and with his Doctor Son, settled in USA, decided to file the case against Doctors and Hospital. 1. The Appellant , who lost his beloved wife, case for Medical Negligence in Rajasthan State Forum against the Respondent. The State Forum allowed the Compliant, however the National Forum reversed the said Judgment and hence the Ap...

"Failure to give proper treatment at proper Time is Negligence". As the deceased was Housewife, Supreme Court saddled Rs.15 lakhs compensation by holding that Contribution made by Housewife has an economic equivalent. An Important Judgment indeed.  Case details : Arun Kumar Manglik V/s. Chirayu Health and Medicare Pvt. Ltd & anr. Civil Appeal No.227/228 of 2019, decided on 09/01/2019. Coram : Hon. Dhananjay Chandrachud and Hon. Heman Gupta, JJ. Judgment Link. https://www.sci.gov.in/supremecourt/2016/27594/27594_2016_Judgement_09-Jan-2019.pdf Facts of the case in short : 1. The Complainant approached M.P. State Consumer Forum for claiming Rs.48 lakhs as compensation. However the forum granted Rs.6 lakhs as the deceased patient was Housewife. This judgment was reversed by National Commission and hence the Complainant approached Hon. Supreme Court. The 56 years old wife - patient of the Appellant-complainant was admitted in the Responde...

"It is wise to remember that “Poor medical  records mean poor defense, no records mean no defense”, hence liable for medical negligence. " These are the opening words of National Commission which held the Orthopedic Surgeon for medical Negligence for damages of  around Rs. 4 lacks  in the case of Venkati Vattamwar V/s. Dr. Prakash Bhandari. You may see the judgment in this Link.http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F493%2F2015&dtofhearing=2015-10-13 The factual matrix in nutshell may be read as under : 1. The Complainant who won the case in District forum, but lost the same in State Fora, was admitted in the Opponent's Orthopedic Hospital due to motorcycle accident and was diagnosed with a small fracture in right leg . 2. During the stay in hospital, there was no sign of improvement and the patient in spite of 2 operations and a plastic surgery, which was performed just 1 day before discharge. As ...

Case Details : Sh. Rajbir Singh V/s. Dr. (Mrs.) N. Khera, Khera Hospital, New Delhi. Compliant No.135/04 By Hon. Anil Shrivastava, Member. Decided on 01/02/2019 Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2FC-135%2F2004&dtofhearing=2019-01-30 Facts of the case in brief : 1. It's the unfortunate case of parents, who lost their 19 years son, Narender, in the Hospital. It was contended that the deceased-son having consumed poisonous substance on 22.08.2003, allegedly due to mental depression, was brought to the Hospital in emergency.  2. However it was alleged that the Doctor and the Hospital were guilty of negligence because : a. they did not commence the treatment soonafter admission of the patient.  b. They did not have required facilities like ICU, Oxygen, Qualified doctors, Ambulance, No registration with proper authorities. c. The Condition of the patient was so critical that it was n...