Medico-Legal

The husband assaulted Doctor as the doctor (in presence of two Nurses) placed  Stethoscope on the left chest portion of the wife, to observe and evaluate the heart beat. The Kerala High Court denied anticipatory bail to the husband and  observed " How Can a doctor Treat a patient without touching ?" Important judgment as the Hon.  Court pressed into the Act prohibiting violence against Healthcare workers.  Adv. ROHiT ERANDE  © Case Details :   IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944 BAIL APPL. NO. 834 OF 2023 JAMSHID. P.V.  V/s. State of Kerala  Facts in Short : 1. The 29 years old Petitioner –Doctor  approached Hon’ble kerala High Court for an anticipatory bail against the allegations of  offences punishable under Sections 341, 323 and 294(b) of the Indian Penal Code as well as under Sections 3 and 4 of the Kerala Healthcare Service Persons and Healthcare Service I

  Dos and Don'ts in  Medico-Legal cases - Adv. ROHiT Erande.© Introduction : "The Doctors are the angles of God as God can't be everywhere" such kind of whatsapp forwards many of us must have read, but in reality what happens ? The Medicos will agree with me that in these days Doctors have fear at the back of their mind that they might get embroiled in Medico-Legal Cases, commonly known as MLC. The relationship between Doctors and Patients is going through the vicious circle that patient think that  Doctors are just minting money having no regard to patient at all and at the other hand Doctors see almost every patient as a future litigant and that they will get beaten up at the hands of patient's relatives. Lets' try to see the topic "how to handle medico-legal cases " in short.  What is a Medico-Legal Case ? As the name itself indicates, Medico-Legal Case (MLC for Short) refers to a case of injury, illness or death that requires intervention of law

Relief to Pathologists - the method of testing, quality of test reagents differs place to place and thus the Test Results may differ. Adv. ROHiT ERANDE   © Case Details :   Before : Hon. NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION  NEW DELHI,      REVISION PETITION NO. 1477 OF 2022  (Against the Order dated 14/07/2022 in Appeal No. 624/2022 of the State Commission Uttar Pradesh) ANIL VERMA V/s. DR. DEVENDRA TRAUMA & GENERAL HOSPITAL & ANR, MATHURA.  BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER ORDER Dated : 20 Feb 2023 judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F1477%2F2022&dtofhearing=2023-02-20 Brief facts : 1. On 17.01.2014, the Complainant – Anil Verma - the Patient  underwent few laboratory tests alongwith test for Hepatitis-B (HbsAg) in the Opponent Hospital -  "Dr. Devendra Trauma and General Hospital, Mathura."  2. It was alleged that the Pathologist – Dr. Shikha Vyas i

Important Case indeed for Medicos. Thanks to Hon. Kerala High Court.  A Case where, Surgeons, Anaesthetists and nurses were framed under the charges of murder of a patient, dismissed.  “ A complication by itself does not constitute negligence and Doctors cannot be held liable merely a patient dies due to complication”   “ Not only Qualified Anaesthetists , but Trained Anaesthetists  are also allowed to administer A naesthesia   for electro laparoscopic sterilization”   “The Court rejected the finding of Forensic Medicine Expert who held that deceased was administered with spinal anaesthesia  and not the general   anaesthesia , on the sole basis that injection mark reaching the spinal canal was found in Autopsy !.   “Spinal or general Anesthesia, it is the choice of the Anesthetist”   Adv. ROHiT ERANDE. © Case details : IN THE HIGH COURT OF KERALA AT ERNAKULAM    PRESENT Coram : THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH Delivered on : THURSDAY, THE 2 ND DAY