Medico-Legal

"The Neurosurgeon was saved from Rs.1 Crore Complaint as he adopted the Standard Practice"  Don't blame common people, here the Son of the Patient being a Qualified doctor made allegations against the Treating Doctors ! It is pertinent to note that the patient's Son himself is an Anaesthetist and the Commission was surprised to see the frivolous allegations and it was held that "the complaint was filed, simply to blame for untoward incident to get some compensation. The Complainant aims to turn the wheels of fortune in his favour by demanding such immense damages.   Adv. ROHiT ERANDE  © MANJULATA GARG V/s. DR. R. C. MISHRA & 2 ORS, Agra BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER   HON'BLE MR. BINOY KUMAR,MEMBER The Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F87%2F2013&dtofhearing=2022-06-21 Order Dated : 21 Jun 2022 Facts in Short : A Ca...

  Botched S inus Operation damaging eye vision made ENT Doctor to pay Rs.2 lakhs. However, the Court reduced the claim amount as it was covered by Employee State Insurance. Adv.  ROHiT ERANDE.  ©   BALAJI SUPER SPECIALITY HOSPITAL & ANR. CHHATTISGARH V/s.  ARUNA AGARWAL     BEFORE:     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%2F921%2F2019&dtofhearing=2022-06-08   ORDER Pronounced on  8 th  June, 2022  This Revision Petition has been filed by the Petiti...

 Dear Medicos, what's there in New Consumer Protection Act ? as you are not out of it..  Adv. ROHiT ERANDE. © I may not be wrong to say that perhaps the Doctors are not  scared of anything than The Consumer Protection Act or CPA. Medicos often refer it to the draconian legislation. Its been more than 3 decades that the Doctors and the Hospitals have been brought under the 4 corners of this Law. The New, Consumer Protection Act, 2019 (CPA) has been put into effect from 20th July, 2020, barring few sections. The old Consumer Protection Act, 1986 has been now repealed.  Let's see the salient features of this Act, from Doctor's point of view.  We all are aware that the CPA is a social legislation and its main aim and object reads as under  "An Act to provide for the better protection of the Interest of Consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and f...

A Claim of Rs.99,99,000/- The pain of the Claimant that by itself cannot be a cause for awarding damages for his sufferings. It is known that after cancer treatment by chemo/radiotherapy, due to immunosuppression, the patient may develop several infections even TB also. Adv. ROHiT ERANDE.  © Case Details :  SGT CHAMAN LAL & ANR. UTTAR PRADESH  U.P. V/s . UNION OF INDIA & 3 ORS,  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%2F48%2F2014&dtofhearing=2022-06-23 Brief facts: The Case goes back to 2001 ! 1 The appellant / Complainant Mr. Chaman Lal joined the Indian Air Force as an airman in Clerk General Duties (CGD) trade on 12.10.1987. He was promoted from time to time and became Sergeant in 1998 and according to him, he has unblemished service record of 15 years.  2 But, due to he...

  Rs. 5 lakhs saddled on Ophthalmologist for implanting Posterior chamber IOL in Anterior Chamber, but saved by Professional Indemnity Policy. Adv. ROHiT ERANDE.  © (Before NCDRC, REVISION PETITION NO. 1218 OF 2010) DR. AJIT S JAIN & ANR V/s. USHA KHARE & ANR, Bhopal Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F1218%2F2010&dtofhearing=2022-07-04   BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER   HON'BLE MR. BINOY KUMAR,MEMBER Dated : 04 Jul 2022 Facts in short : The case goes back to  incident in the year 2004!! 1. The Petitioner has filed the instant Revision Petition filed under section 21 of the Consumer Protection Act, 1986, against the Order dated 22.12.2009 passed by the State Consumer Disputes Redressal Commission, Bhopal, MP (for short “the State Commission”) in Appeal No. 621 of 2007, wherein the Appeal was dismissed and upheld the order passed ...