Medico-Legal

"Big Blow to Insurance Company for repudiating claim based on fake medical certificate and Disciplinary Action initiated against Doctor for prescribing such fake Medical Certificate."  Adv. Rohit Erande  © Case Details : ICICI PRUDENTIAL LIFE INSURANCE CO. LTD.V/s. Dattatrey Gujar R.P. No. 3858/2017 Coram : Hon'ble Mr. Dr. S.M. Kantikar, Presiding Member Hon'ble Mr. Dinesh Singh Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F3858%2F2017&dtofhearing=2019-06-14 Facts in Short : 1. The dispute relates to repudiation of the complainant’s insurance claim. The Insurance Company repudiated the claim of the Complainant U/Sec.45 of the Insurance Act alleging that the the Complainant deliberately withheld information about his diabetes and its continuing treatment. The Complainant-Respondent took the mediclaim policy and after taking the policy, after 4 years Complainant...

ORGAN DONATION :  Every yearn Organ Donation day is celebrated on 13th  of August. It's a boon to mankind by the Medical  science and a chance to live even after death.. Today a news flashed that this year till today, 117 patients were benefited in Pune Region. Thanks  to organ donation and it's enough to underline the importatnce of Organ Donation. Organ Donation breaks all the barriers of cast and religion and promotes unity... A) Introduction : The Medical Science has bestowed various benefits upon mankind and Organ Donation is one of them. Organ donation puts life in the needy patient, in the sense that the damaged organ in the body of the patient is replaced by the organ of the Donor, in absence whereof the needy patient would have  died because of the dysfunctional organ. The Person who donates the Organ is called as DONOR and the person in whose body the organ is transplanted is called as RECIPIENT. Every year 13th August is celebrated as O...

Healthcare Excluded from new Consumer Protection Act, 2019 ? Adv. Rohit Erande.  © It all started with a breaking news that flashed in one of the leading news paper, which stated that Govt. is proposing to keep the Healthcare services out of the purview of new Consumer Protection Act (CPA). No doubt sheer news also gave sigh of relief to Medicos across the World. But that news also clarified that it will not prevent aggrieved persons from approaching consumer forum. see the below given link of the said news. https://timesofindia.indiatimes.com/india/consumer-bill-draft-removes-healthcare-from-services/articleshow/69935129.cms Now lets see what is the reality. Old Act : The CPA was first introduced in the year 1986 as a Social Legislation and to protect the interest of Consumers.  It defined the term "Services" as under : Sec. 2(o)     "service" means service of any description which is made available to pote...