Medico-Legal

 'Supreme' Compensation of  Rs. 17 lakhs  saddled towards Negligence as the Surgeon and Anaesthetist  failed  to take precautions to avoid 'known  complication' after surgery .  The Cases of  life long  disability are more tragic  than the Death. Hon. Supreme Court enhanced the Compensation making it Rs.17 lakhs, against the Gen, surgeon and the Anaesthetist.  Adv. Rohit Erande. © Case Details : Shilaben Ashwinkumar Rana vs Bhavin K. Shah & Anr. CIVIL APPEAL NO.1442 OF 2019. Before Hon. Supreme Court of India. Coram : Hon. Dr. DHANANJAY Y. CHANDRACHUD &  HEMANT GUPTA, JJ. Judgment Link : https://indiankanoon.org/doc/131273846/?type=print Facts in Short : 1.  The appeal arises from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 15 May 2014. The finding of a deficiency of service is based on medical negligence of the Respondents, the  general surgeon and the anaesthetist. . 2. The Son of the appellant was admitted to the Jivanshri

No sensible Doctor would intentionally commit an act or omission to the detriment of the patient. The Doctor has right to select the procedure  Adv. ROHiT ERANDE.  © The Case claiming negligence  due to overdose of anesthesia or excessive bleeding during C-Section, causing death of  a patient, dismissed.  Case Details : J.N. Shori multi-speciality Hospital, Panchkula, Haryana & anr. v. Krishan Lal.  REVISION PETITION NO. 2988 OF 2012, decided on 23/07/2021 Before : Hon. Dr. S.M. Kantikar, Member. Judgment Link : https://indiankanoon.org/doc/147676945/ Facts in Short : 1. The Deceased  Patient - Smt. Kiran i.e. the wife of the complainant was under regular observation in Civil Hospital during her pregnancy. As she started having labour pains, she was admitted to the Kalka Nursing Home on 15/06/2007 and remained under observation and then was referred to the Appellant no.1 hospital -OP-1, where Dr.Sangeeta Shori i.e. the Appellant no.2 - OP-2, performed a C section and a baby girl wa

"The Hospital cannot claim  shelter of P rofessional Indemnity Policies obtained by Doctors" - Hon. Supreme Court.  Adv. ROHiT ERANDE.  Ⓒ   An Important case, underlining the Importance of Professional Indemnity Policy and at the same time a lesson to be learnt and what precautions Hospitals should take while organizing camps like  the Cataract Surgery camp, which went wrong in the instant case.    Case Details :  M/s Sheth M L Vaduwala Eye Hospital, Gujrath (Appellant) V/s. Oriental Insurance Company Limited and Others. (Civil Appeal Nos 7611-7634 of 2021) Before : Hon. Dr Dhananjaya Y Chandrachud and Hon. A S Bopanna JJ.  Judgment link : https://main.sci.gov.in/supremecourt/2014/16484/16484_2014_34_8_32022_Order_11-Dec-2021.pdf Facts in Short : A camp for Cataract Surgery went wrong.  1. Between 21 and 23 June 2000 , an eye camp arranged for cataract surgery by the Appellant - Surgery (though charged Rs.250/- per head from the patients)  went wrong as the patients complain