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Showing posts from April, 2022

"One Case but 3 Imp Points - 1) Free Treatment in Hospital, but charged in Pvt. OPD, comes within CPA. 2) A Qualified Surgeon can perform urological Surgery. 3) Case took 15 yrs to complete, the patient was paid enhanced compensation. : ROHiT ERANDE ©

"A Doctor  though treating  patient freely in the hospital, but taking fees in the Private OPD, comes within the purview of CPA" " For botched Hysterectomy, An Obygyan was held liable to pay enhanced compensation considering the time spent in litigation",   "A General Surgeon with necessary experience who performed Ureteroneo- cystostomy as per the Standard Protocol was absolved  even though he was not a qualified Urologist"  Adv. ROHiT ERANDE  ©  Case Details : BEFORE : NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI  REVISION PETITION NO. 3121 OF 2016 (Against the Order dated 08/04/2015 in Appeal No. 219/2013 of the State Commission Chhattisgarh) DR. SUNITA VERMA V/s.  1. SANGEETA DUBEY & 2. DR. V.K. DIXIT(M.S.) & 3. NEW INDIA ASSURANCE COMPANY LTD. BEFORE:     HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT   HON'BLE DR. S.M. KANTIKAR,MEMBER Judgement Link : http://c...

A Case claiming Rs.5.83 Cr. compensation dismissed and it was held that Merely because the patient did not survive after the treatment is not a sufficient ground to hold doctor or hospital for deficiency in service or medical negligence. Adv. ROHiT ERANDE. ©

Merely because the patient did not survive after the treatment is not a sufficient ground to hold doctor or hospital for deficiency in service or medical negligence. Adv. ROHiT ERANDE.  © A case where a Physician, an ENT Surgeon, a Gastroenterologist, Nephrologist, Intensivist and Para-Medical Doctors were involved.   The Wikipedia info was tried to be relied upon against the Doctors on alleging that  no specific treatment exists for acute Hepatitis -E   infection , but thanks to Medical literature  that overruled it ! It was alleged that the hospital premise was in shabby condition and not free from mosquitoes. It was also alleged that there was no partition/curtain between beds as a result of which the patient became nervous and passed the motion on bed ! Case Details :   Before THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC)  NEW DELHI   CONSUMER CASE NO. 82 OF 2007   SHRI GOPAL PRASAD DOKANIA V/s.   APOLLO ...