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Showing posts from March, 2023

'Right to Health' and 'Emergency treatment first, pay later' has already been upheld by Hon. Supreme Court, thus does it require a sperate Law ? Adv. ROHiT ERANDE. ©

 ' Right to Health' and 'Emergency treatment first, pay later'  has already been upheld by Hon. Supreme Court, thus does it require a sperate Law ?  Adv. ROHiT ERANDE.  ©  The Right to health bill which was recently passed by the Rajasthan Assembly seeks to grant every resident of the state the right to emergency treatment and care "without prepayment" at any "public health institution, health care establishment and designated health care centres". But even before this Act, Hon'ble supreme Court has ruled so in the case of Parmanand Katara V/s. Union of India -  1989 AIR 2039 It is said that one of the major reason for bringing aforesaid Bill is linked to increased no of Accidents in State of Rajasthan.  As per the report published in 2004 by WHO, till 2020 road accident would  be the major reason for deaths of people in India. Right to Immediate Medical Treatment in road accidents is the fundamental right of the victim. The Apex Court way back i...
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Pune based Hospital and Doctors absolved from the allegations of causing death of a Lawyer-Gravida due to Injection Tramadol. Adv. ROHiT ERANDE ©

Pune based Hospital and Doctors absolved  from the allegations of causing death of a Lawyer- Gravida  due to  Injection Tramadol .  The Court held doctors are faced with dilemma and they have to choose lesser Evil from the options available  Adv. ROHiT ERANDE  © REVISION PETITION NO. 2200 OF 2019   (Against the Order dated 11/06/2019 in Appeal No. 439/2016 of the State Commission Maharashtra)  PANDHARINATH WAGHOLE V/s.  SANJEEVANI HOSPITAL & 3 ORS, PUNE 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%2F2200%2F2019&dtofhearing=2023-03-22  P ronounced on:  22nd March  2023 Facts in short :   1.       The instant Revision Petition was filed by the Petitioner/ Original Co...
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Supreme Relief - A Doctor giving medicines in OPD to patients amount to Selling and thus prohibited ? Adv. ROHiT ERANDE. ©

"Supreme Relief" to  the Senior Lady Doctor against the allegations of Stocking and selling of Medicines in her OPD. When small quantity of medicine has been found in the premises of a registered medical practitioner, it would not amount to selling their medicines across the counter in an open shop.  Adv. ROHiT ERANDE.  © Case details : IN THE SUPREME COURT OF INDIA  SPECIAL LEAVE PETITION (CRL.) No.9978 OF 2022) S. ATHILAKSHMI ……Appellant(s)  Versus THE STATE REP. BY THE DRUGS ..…Respondent(s) INSPECTOR Before : Hon. Krishna Murari and Hon. Sudhanshu Dhulia JJ. Judgment  Link : https://main.sci.gov.in/supremecourt/2022/29229/29229_2022_11_1501_42840_Judgement_15-Mar-2023.pdf Facts in short : 1. The Appellant,  a registered medical practitioner who is presently working as  an  Associate  Professor and the Head of Dermatology Department, in the Government Omandurar  Medical  College,  Chennai.  In  the...
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'Supreme Releif' - Even if a Doctor is getting salary, Doctor's Free of charge services in the government hospitals shall not attract the provisions of Consumer Protection Act. Adv. ROHiT ERANDE ©

Hon. Supreme Court - Even if a Doctor is getting salary, Doctor's Free of charge services in the government hospitals shall not  attract  the provisions of Consumer Protection Act. Adv. ROHiT ERANDE  © Case Details :  Before : NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI, REVISION PETITION NO. 3439 OF 2018  (Against the Order dated 21/07/2017 in Appeal No. 906/2012 of the State Commission Delhi) Before : Hon'ble Dr. S.M. KANTIKAR NAME OF THE PARTIES : CONCERNED NURSE, LBS HOSPITAL V/s. LALAN PRASAD SHARMA & ANR. JUDGMENT LINK : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F3439%2F2018&dtofhearing=2023-03-03 Pronounced on: 3rd March, 2023 Facts in short : 1.  The District Forum partly allowed the Complaint and held OP-1 -CMO and OP -3 -the Nurse liable and directed the OP-1 and 3 to pay Rs.5,00,000/-.  The CMO of LBS Hospital (OP-1) was given liberty to recover the said amount from th...
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Court ruled : USG has its own limitations & the patient was saddled with cost for filing vexatious complaint - Adv. ROHiT ERANDE. ©

YES, in a rare  phenomenon,  the Patient ordered saddled with cost for filing vexatious complaint against the Doctor.  The court also observed that "USG has its own limitations" & Even the best of Radiologists cannot be better than the machine used for the USG, he cannot improve on the technical soundness or advancement of the machine available at his command .  Adv. ROHiT ERANDE.  © Case Details : Before Hon. NCDRC  FIRST APPEAL NO. 463 OF 2018   DR. HULESH MANDLE,  RAIPUR ...........Appellant(s) Versus   NEERAJ KUMAR S/O.  RAIPUR CHHATTISGARH ...........Respondent(s) Judgement link  http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F463%2F2018&dtofhearing=2023-02-16 BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER Facts in Short : ORDER 1. The Respondent - original ‘Complainant underwent ultrasonography (USG) for abdominal pain on 12.05.2015. It was performed at BS...
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