Medico-Legal

  Doctor's suicide or a System abated murder ? Who will save the Saviours ? -  Adv. ROHiT ERANDE  © Whole Medical fraternity is mourning over the tragic suicidal death of a Gynaecologist - Dr. Archana Sharma from Dausa, Rajasthan. Reportedly the well known gynaecologist, a  mother of two  and loving wife  took her life as she was directly slapped with charges of Murder after the death of pregnant women reportedly due to PPH, otherwise common in patient with risk factors.  Further, reportedly the Lady Doctor with illustrious career, as her colleagues say, took her life or can we say a System abated murder , by hanging herself and in her subside note as seen on the social media, has "begged her innocence and has asked to look after hr two kids" . What can be more unfortunate than this.. Unfortunately Law has remained in the law books that in case of Criminal Medical Negligence, before taking any action against the Doctors, expert medical opinion is aa must. Doctors should n

"Root-Canal without X-ray, Lack of Informed Consent and lack of consensus between the Dentist and the Patient, held to be deficiency in service" . " The commission relied upon the minority view of 3 member expert committee"  "The allegations that one of the expert gave contrary opinion due to professional rivalry, also turned down".  Adv. ROHiT ERANDE.  © Case Details : NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION.  REVISION PETITION NO. 2736 OF 2012 (Against the Order dated 04/06/2012 in Appeal No. 126/2012 of the State Commission Andhra  Pradesh) M/S. SRAVANI DENTAL HOSPITAL  Hyderabad   V/s.  ANITHA TANGELLAMUDI & anr.  BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT HON'BLE DR. S.M. KANTIKAR,MEMBER Dated : 08 Mar 2022 The judgment Starts with the quote  "Not everyone can be born with a perfectly aligned smile. If you just changed your smile and  nothing else, you would find a dramatic transformation in your personality, grace, co

" Doctor's own testimony made him to pay Rs.17 lakhs compensation  for medical negligence ". The Supreme Court enhanced the compensation by Rs.7 lakhs to support the family of  the vegetative  patient  !  Case Details : SHILABEN ASHWINKUMAR RANA V/s. BHAVIN K. SHAH & ANR. (CIVIL APPEAL NO.1442 OF 2019) Before Hon. Supreme court. Judgment Link :   https://indiankanoon.org/doc/131273846/?type=print . Facts in short : 1. The 2.5 yrs old son of the appellant who was suffering from penile phimosis (tightening of the foreskin of the penis) , got admitted to one Jivanshri Hospital, Balasinor at which the respondents were attached as surgeon and anesthetist. 2. On 25 December 2008, the first respondent performed a procedure of surgical circumcision, in 15 mins. Soon after it was over, the child developed respiratory distress. In consequence, he has been reduced to a vegetative state, from which he has not recovered. 3. The appellant mother therefore moved a complaint befo

Improper Post Operative care after Angioplasty  resulting into death of a patient, Hon. Supreme Court imposed  Rs.40 lakhs on the Hospital and Rs.10 lakhs on the  Treating Doctor ...  Adv. Rohit Erande © Case Details :  Sheela Jitna Naik Gaunekar V/s. Apollo Hospitals, Chennai. C.A. no. 3625/2005, decided on 05-10-2016, reported in I (2017) CPJ 1 (SC).  Judgment Link : https://indiankanoon.org/doc/139438384/ Facts in short.. 1. The Widow -  Complainant filed the complaint for Rs.70 lakhs against the Hospital on account of sudden death of her husband who underwent  Angioplasty. 2.. It was alleged that there was no proper post-op care taken by the Hospital. 3. Both the parties lead extensive evidence in lower forum and the lower forums after perusing the evidence and more particularly cross exmination of Dr. Mathews came to the conclusion that there was Negligence in post-op treatment, after Angioplasty, which resulted in to death of the Patient & awarded Rs. 2 lakhs plus interest @6