Medico-Legal

  Delayed and botched C-section delivery causing fracture in baby's right arm costed Rs.10 lakhs to the Doctor. The hospital Committee Report was relied upon by the Court and it was held that "D ue to  forced delivery, head of the child might have fastened at the bottom of the uterus. " "The complainant might be under delusion of A nesthesia  on the day of delivery and hence she did not observe the fracture on that day itself." Adv. ROHiT ERNADE.  © REVISION PETITION NO. 3085 OF 2014 (Against the Order dated 21/04/2014 in Appeal No. 1831/2013 of the State Commission Karnataka) DR. ASHWINI M.S, Shimoga, Karnataka V/s. MALINI A.N. BEFORE:     HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,PRESIDING MEMBER judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F3085%2F2014&dtofhearing=2022-09-13 Factual Matrix in short : 1.      The Respondent - Original complainant Malini A....

Supreme Court sets aside NCDRC's order of granting unspecified compensation to the Patient. "Hospitals who render service without any charge to every person availing of the service would not fall within the ambit of 'service' under Section 2(1)(0) of the Act. The payment of a token amount for registration purposes only would not alter the position in respect of such doctors and hospitals" Adv. ROHiT ERANDE.© Case details : City Hospital V/s. Manjit Singh & anr. Civil Appeal No.6208/2022 Before : Hon. Hemant Gupta and Sudhanshu Dhulia JJ. Facts in Short : The case is filed in the year again 2003, for failed family planning operations in 1994 and 1998 ! 1. The challenge in the present appeal is to an Order passed by the National Consumer Disputes Redressal Commission (NCDRC) on 16th January 2020, whereby. the Revision filed by the respondent herein was allowed with direction to pay compensation as per the guidelines of the State to the respondent.  2. Ms. Baljin...

Rights of Doctors and Facing Police,  Arrest, Warrants and wrong Sections -  in Medical Negligence Cases. Adv. Rohit Erande. ©   At the outset,  I express my heartfelt gratitude to Indian Society of Anaesthetist   for inviting me , 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. Generally, the patients know their Physicians, surgeons, but they are not well versed with the  unsung heroes as I may call the, yes I am referring to anesthetists.  The Anesthesiologists  evaluate, monitor, and supervise patient care before, during, and after surgery. However, if something goes wrong,  Anesthesiologists are arrayed as the opponents /accused.    There are umpteen  number of incidences wherein if a  patient dies, then the Doctors may face Civil Action for damages i.e. c...

Rs. 1 Crore saddled upon Hospital, Surgeon and Anaesthetist for botched Squint correction surgery causing death of 6 years old.  The mother of the child  underwent hysterectomy and there is no chance to have another baby. The anaesthetist failed to caution the operating surgeon about the warning signs of a drug. The Surgeon had completed 16 surgeries in a day, prior to one that went wrong.  The Cardiologist ignored the  cardiac anomalies Adv. ROHiT ERNADE. © Case Details :  Before : NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION,  NEW DELHI   CONSUMER CASE NO. 155 OF 2001   DR. REBA MODAK & ANR. V/s.  SANKARA NETHRALAYA & ORS.  CHENNAI  BEFORE:     HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT   HON'BLE DR. S.M. KANTIKAR,MEMBER   HON'BLE MR. BINOY KUMAR,MEMBER Dated : 26 Aug 2022 Judgement Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2F...

  ‘ Supreme’ Relief to Doctors : Every death in Hospital does not necessarily amount to medical negligence on a hypothetical assumption of lack of due medical care. A compliant claiming Rs.10 Cr. Compensation dismissed. 'No DOCUMENTATION IS NO PROOF, POOR DOCUMENTATION IS POOR PROOF' Always remember following permutation and combinations :   1.Communication, 2.Documentation, 3. Communication of Documentation &, 4.Documentation of Communication . Adv. ROHiT ERANDE  © Case Details : Civil Appeal No 4596 of 2022 Devarakonda Surya Sesha Mani & Ors V/s. Care Hospital, Institute of Medical Sciences & Ors . Judgment Link : https://main.sci.gov.in/supremecourt/2021/11121/11121_2021_2_5_37673_Order_26-Aug-2022.pdf 1.   The 3 judges Bench comprising of HON'BLE DR. JUSTICE D.Y. CHANDRACHUD, HON'BLE MR. JUSTICE A.S. BOPANNA and HON'BLE MR. JUSTICE J.B. PARDIWALA while upholding the judgment of   National Consumer Disputes Redressal Commission (deliv...