Medico-Legal

  "USG study been indicative and not confirmatory; it should not be construed as a wrong report".  The treating surgeon’s clinical assessment with relevant laboratory investigations   should be given more credence". Adv. ROHiT ERANDE.©  Case Details : REVISION PETITION NO. 696 OF 2015, decided on 27/01/2021 S. MANIKANNAN, Tamilnadu  (complainant) V/s. DR. T. PANDIARAJ & ANR.(Opponents) Bench : HON.MR. JUSTICE R.K. AGRAWAL,PRESIDENT & HON'BLE DR. S.M. KANTIKAR,MEMBER. Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F696%2F2015&dtofhearing=2021-01-27 Facts of the case in Short. 1. This is a case of 2007. The complainant after starting severe stomach pain, consulted the physician and as per the advise of physician  he was refereed to the Opponent no.1, for  USG was performed and who reported it as retro-cecal appendicitis. However, the Physician was not satisfied with the said r...

The Doctor saved from paying Rs. 2 Crore compensation. Thanks to 'timely' advise of  USG /Anomaly Scans  during pregnancy.  Adv. Rohit Erande  © Case Details :  CONSUMER CASE NO. 974 OF 2015 Baby Vani Bhattacharya, through her Father V/s.  Dr. Suranjit Dutta, MS, New Delhi BEFORE:    HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT  HON'BLE DR. S.M. KANTIKAR,MEMBER Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F974%2F2015&dtofhearing=2021-06-01 Facts in Brief : 1. The present compliant has been filed by a minor baby through her Father against the Doctors alleging them responsible for the  delivery of Hydrocephalus baby.    2.  On 22.02.2013, the Complainant’s wife during her 2nd pregnancy consulted Dr. Suranjit Dutta- the Obstetrician & Gynecologist - the Opp. no.1 at Khanna Nursing Home (hereinafter referred to as the “Opp. No. 2”). It was alleged t...

"Gynaecologist held liable to pay Rs.20 lakhs for failure to arrange (rare ) blood bags and donors, delay in hysterectomy and timely reference to higher centre" " Because cross-matched blood is not always available, maternity units should have immediate access (within 5 min) to O-negative blood.   Consequently, in our view all maternity units should have their own reserve of blood products if there is no blood bank on-site." Adv. ROHiT ERANDE  © Case Details : Judgment Link :  http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F458%2F2015&dtofhearing=2021-11-11 TATE HOSPITAL & ANR. V/s.  SUSHRUT BRAHMABHATT & 2 ORS. BEFORE:  HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT &  HON'BLE DR. S.M. KANTIKAR,MEMBER      Brief Facts : The Judgment starts with following quote : “There is something about losing a mother that is permanent and inexpressible – a wound that...

 The "Supreme Judgment" with manifold reliefs to Doctors and Hospital : Perhaps the year end gift for Doctors.  Adv. ROHiT ERANDE.© a. Non availability of Operation Theatre is not a valid ground to hold Hospital Negligent : b. Non functioning of Machines and Equipments cannot be said to be Negligence. c. It is an incorrect assumption to say that, "since surgery was performed by a doctor, he alone would be responsible for different aspects of the treatment required and given to the patient". d. It is too much to expect from a doctor to remain on the bed side of the patient throughout his stay in the hospital. e. Every death of a patient cannot on the face of it be considered to be medical negligence. f.  In spite of the treatment, if the patient had not survived, the doctors cannot be blamed as even the doctors with the best of their abilities cannot prevent the inevitable g. The doctor cannot be held liable for medical negligence by applying the doctrine of  res ips...