Medico-Legal

“Even if the Doctor does everything right, Deep Vein Thrombosis (DVT) is beyond his control” – Allegations of hysterectomy without informed consent, resulted into DVT, turned down, as the Doctor immediately took the patient to the higher centre”. Adv. ROHiT ERNADE © Case Details : G. RADHA V/s. DR. JANAKI & 2 ORS, Telangana REVISION PETITION NO. 458 OF 2021  BEFORE : (NCDRC): HON'BLE DR. S.M. KANTIKAR, PRESIDING MEMBER  HON'BLE MR. BINOY KUMAR, MEMBER Judgment Link :  http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F458%2F2021&dtofhearing=2022-07-25 Dated : 25 Jul 2022 Facts in short : 1 The facts in brief are that the Complainant -Appellant, a house wife, about 47 years of age, underwent hysterectomy operation at Chaitanya Hospital (hereinafter referred to as the ‘OP-2’). It was performed by Dr. Janaki (hereinafter referred to as the ‘OP-1’) on 30.06.2009.  2 It was alleged that the OP-1...

  "(At least in Tamilnadu) AYUSH Drs. can practice modern medicine including ObGyn, Surgery, ENT, Anesthesia, Opthal. Thanks to the State Government Circular, which was relied upon by the Hon. High Court". Adv. ROHiT ERANDE. © Case Details : Crl.O.P.No.23128 of 2018 and Crl.M.P.No.12895 of 2018 Dr.R.Senthilkumar V/s. The State & anr. CORAM : THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN PRONOUNCED ON : 22.07.2022 The Judgment Link : https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/670268 Facts of the case in short : 1. This Criminal Petition is filed under Section 482 of Criminal Procedure Code to quash the FIR  filed against the Petitioner before Ld. J.M.F.C. Salem as in the raid conducted, the Petitioner inspite being HMS Homeopath was found to be practicing Allopathy Medicine and the Allopathy medicines were seized .  2. Feeling aggrieved by the FIR and further compliant, the Petitioner approached the High Court on the ground that he had completed BH...

“Rs. 10 lakhs saddled upon the Doctors and held that faulty Spinal fixation implant screw is a mistake which would tantamount to negligence & cannot be pardoned” ADV. ROHiT ERANDE. © Case Details : FIRST APPEAL NO. 272 OF 2019 (Against the Order dated 23/10/2018 in Complaint No. 147/2009 of the State Commission Delhi) SIR GANGA RAM HOSPITAL & 2 ORS V/s.  DR SITA OMAR Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F272%2F2019&dtofhearing=2022-07-07 BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER   HON'BLE MR. BINOY KUMAR,MEMBER ORDER Dated : 07 Jul 2022  Brief facts: 1. The Complainant, Dr. Sita Omar’s husband suffered road accident on 11.03.2007 at 11:40 p.m, who suffered multiple fractures of ribs, right femur, left fibula and pubic rami and ankle.. He was immediately taken to Safdarjung Hospital and then admitted to Sir Gangaram Hospital (SHRG) under care of D...

The 4th degree perineal tear after forceps delivery and improper post partum care,  amount breach of to duty to care towards patient. The Doctor reportedly advised the patient to use ‘coconut oil with kapoor at the suture site, but in vain. The Doctor was asked to pay Rs. 8 lakhs towards compensation. Adv. ROHiT ERANDE.  © Case Details : First Appeal No.948/2015.  Dr. Vartika Mishra, Raipur V/.s Rachana Agarwal. 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%2FFA%2F948%2F2015&dtofhearing=2022-02-25 Brief Facts : 1. The Complainant -Patient, Rachna Agrawal  during her pregnancy, since 28.09.2012 was under Antenatal care of Dr. Vartika Mishra - the Opposite Party -Appellant.  2.  It was alleged that on 23.05.2013, the Opposite Part...

 The Radiologist directed to pay Rs.1.25 Crore as he did not do the Anomaly scan which otherwise his legal and ethical duty, even though  the treating Gynaecologist and  the patient did not ask for.  Surprisingly  the earlier 3 judgments on somewhat similar issues related to USG and its limitations, were decided in favour of Doctors. Adv. ROHiT ERANDE. © PUNE. Case Details :  NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION,  NEW DELHI   CONSUMER CASE NO. 74 OF 2009 UDAYAN & ORS. V/s.   M/S. IMAGING POINT & ORS, NAGPUR. BEFORE:   HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT  HON'BLE DR. S.M. KANTIKAR,MEMBER Judgement Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F74%2F2009&dtofhearing=2022-05-25 At the beginning of the Judgment, it has been observed as "The most common type of litigation involving ultrasound is missing a foetal anomaly. The oth...

 Facing Police,  Arrest, Warrants and wrong Sections -  in Medical Negligence Cases and Rights of Doctors  Adv. Rohit Erande. ©   At the outset,  I express my heartfelt gratitude to Indian Medical Association for inviting me again, for sharing my thoughts on the above referred subject.            It will not be an overstatement to say that, these days the Doctors are doing Defensive practice. There are umpteen  number of incidences wherein if a  patient dies, then the Doctors may face Civil Action for damages i.e. cases in a consumer court and/or Criminal Action, wherein the Doctors may get arrested on the alleged ground of Medical Negligence  and charges under Section 304-II instead of Sec.304-A are imposed and have to run from this court to that court for bail.  It's the prerogative of Police Authorities to put the  sections in the FIR, but ultimately  it's legality is decided...