Medico-Legal

  Supreme Relief after 29 yrs to the Sr. Cardiologist and AIIMS.  The Allegations that the Heart lung machine was not used ’in-time’,   were turned down. Adv. ROHiT ERANDE  ©   Case Details : Before Hon’ble supreme Court of India   CIVIL APPEAL NOS.3905-3906 OF 2016     Dr. UPENDRA KAUL                                  APPELLANT(S)   VERSUS   S.C.MATHUR(DEAD)THRLRS.& ANR.                     RESPONDENT(S)   Coram : Hon. A.S. BOPANNA & Hon. PRASHANTKUMAR MISHRA J.J.   The judgment link : https://main.sci.gov.in/supremecourt/2012/26131/26131_2012_4_110_46132_Order_16-Aug-2023.pdf Facts in brief : 1. The matter reached to the Highest Court of the Land against the findings of the NCDRC, Delhi. 2. The respondents herein were before the State Consumer Disputes Redressal Commission (for short `State Commission’) alleging medical negligence on the part of the appellant herein – the well known Cardiologist. 3. The case goes back to 1994, wh

Mandate of Generic Medicines : making the Prevention & the Cure -  ' bitter'   ?  How to bridge the gap between the noble Intention and its actual implementation ?  Adv. ROHiT ERANDE  © The National Medical Commission (NMC) which has replaced the Medical Council of India (MCI) in the year 2020 has recently issued (2nd August 2023) Code of Conduct rules for the Registered Medical Professionals (RMPs). These guidelines deal with various important aspects like How Doctors Can advertise, What is the limit of Record keeping ? What are the duties of RPMs towards patients and Society as a Whole, How informed Consent should be taken ? What is Professional Misconduct ? and so on... One of the mandate of these guidelines is prescribing Generic Medicines and it reads as under : 8. Prescribing Generic Medicines: Every RMP should prescribe drugs using generic names written legibly and prescribe drugs rationally, avoiding unnecessary medications and irrational fixed-dose combination tabl

A claim  Rs. 5 Crore +  dismissed.  Delay in reaching the Hospital cannot be converted to Medical Negligence on Part of Doctor and Hospital.  Huge Relief to the Well-known  Hospital and a Cardiologist from Pune, who argued on his own.. "Nothing is wrong if a Doctor charges for his expertise that too in a critical case" "NO CURE IS NO NEGLIGENCE"  Adv. ROHiT ERANDE.  © Before : The Hon'ble NCDRC Case Details :    CONSUMER CASE NO. 1303 OF 2015 AASHUTOSH PRAMOD SRIVASTAVA & ANR. V/s. 1. Dr. Rahul Patil 2. RUBY HALL CLINIC, Judgment link : https://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F1303%2F2015&dtofhearing=2023-06-06 BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER  Facts in short : 1.     The Complainants' mother, Mrs. Veena Pramod Srivastava, (since ‘deceased’, hereinafter referred to as the ‘patient’) was suffering from anxiety and diabetes.  On 03.06.2015, she complained uneasiness, and re