Medico-Legal

"Insurance Cover saved Doctors from paying Rs. 15 lakhs towards medical Negligence." MASTER SHIVANSHU V/s. DOON VALLEY HOSPITAL & 3 ORS.. https://indiankanoon.org/doc/48928668/ Facts : Allegations on behalf of the Complainant : 1. A month old Baby, Shivanshu, suffering from high grade fever and seizures when admitted in the Hospital was diagnosed the case of ‘septicemia’. After other investigations, the Baby was shifted to Neo-Nursery, where IV drips were given, a bandage was put on and around the hand. 2. In one night, the Mother noticed that the fingers and the right arm of child turned blue. The nurses were informed, but no Doctor turned up for a whole day and on next day, Drs told the Mother, not to worry and further advised to apply 3-4 times turmeric boiled in hot water and patient was discharged, 3. Thereafter, the Baby was taken to other Hospitals, lastly at PGI, Chandigarh and was advised amputation up to wrist of right hand, but due to 21 days strike o...

"Referring a patient to higher center is not a negligence.:"  THE NCDRC observed as above while dismissming the complaint (R.P. No.2862/2013, Rudresh V/s. Dr. Srinivas V. & ors.,) of Medical Negligence against Drs. On relying upon the celebrated judgment of Hon. Supreme Court in Jacob Mathew Vs. State of Punjab & Anr., (2005) 6 SCC 1 wherein it has been observed by the Hon’ble Supreme Court “a professional may be held liable on one of two findings : either he was not possessed of requisite skill which he professed to have possessed, or, he did not exercise with reasonable competence in given case, the skill which he did possess.” (You may the judgment on following link http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2862%2F2013&dtofhearing=2015-09-02 ) The facts in nutshell : A 4 year old daughter of the Complainant was suffering from fever, cough and vomiting. She was given an injection in her thigh ...

Proper Informed Consent for DNR ( Do Not Resuscitate) saved Drs from Rs.20 lakhs of compensation... ! APOLLO SPECIALTY HOSPITAL & ANR., CHENNAI V/s. R. MUTHUKRISHNAN. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F586%2F2015&dtofhearing=2016-08-31 Dated : 31 Aug 2016 Allegations of the Complainant : 1. The 12 year son of the Complainant was diagnosed as Acute Myeloid Leukemia (AML). Afterwards the Drs. forced Complainant to undergo Bone Marrow Transplant (BMT)) treatment urgently. 2. Thereafter due to further complications, the patient died. it was solely due to negligence on part of Drs. the hospital instead of giving palliative treatment, adopted DNR (do not resuscitate) protocol. Hospital did not give record within 72 hrs. The consent was taken by misrepresentation and suppression of material facts. The state Commission of Chennai allowed the Complaint. Hence the Appeal before National Commission was filed. ...

"The consent to operate Uterus does not include Consent to remove it ". A Doctor Couple was held negligent for removing uterus of a 25 years patient, without her consent ... DR. RAVINDER VERMA & ANR. V/s. SALMA BEGAM, U.P. REVISION PETITION NO. 968 OF 2015, decided on 14 Feb 2017 http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F968%2F2015&dtofhearing=2017-02-14 Facts in short : 1. The 25 years old lady, from U.P. , got admitted herself with the Hospital run by the Petitioners. It was alleged by her that, during the surgery of Hysterectomy with removal of ectopic pregnancy, her uterus was also removed, without her consent. 2. It was alleged that, "consent to operate Uterus" was given and she was never informed that during the procedure for hysterectomy, her uterus would also be removed. Held : 1. The State Commission considering her age, awarded her compensation of Rs.1 lakh. 2. The ...

"Giving birth in the 'NATURAL' way or giving birth by 'CAESAREAN SECTION'  (unless she lacks the legal capacity to decide)" is the choice of a Pregnant woman !!! "Gone are the days when it was thought that, on becoming pregnant, a woman lost, not only her capacity, but also her right to act as a genuinely autonomous human being" "Its wrong to say that vaginal delivery is in some way morally preferable to a caesarean section: so much so that it justifies depriving the pregnant woman of the information needed for her to make a free choice in the matter." Law studying is a continuous process and it has no geographical barriers and sometimes one may come across such  important decision, knowledge of which might be an added advantage. I came across a Landmark and interesting judgment delivered by UK Supreme Court, dated 11th March, 2015, in the case of Montgomery (Appellant) v Lanarkshire Health Board (Respondent) (Scotland), wherein th...

A case of Rs 65 lakhs dismissed .  The Doctor cannot be called as Negligenent, if the Patient is not following the Advice given by Doctors !!  And Mere an Error of Judgment by Doctors do not amount to Negligence !! The NCDRC while dismissing the claim for Rs.65,00,000/- (Rs. Sixty Five lacks) in its judgment of Ms. Kamni Sharma & ors. V/s.Dr. Anil Nadir and Pamposh Hospital, New Delhi (Consumer Case no.351/2001, decided on 13/07/2015) observed as above... http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FOP%2F351%2F2001&dtofhearing=2015-07-13 The Facts in nutshell :- 1. The deceased husband of the Complainant No.1 was admitted initially in Orthonova Institute on 16.12.1999 for pain in right chest wall. Several tests and CT scan revealed a tumor at 2nd and 5th rib.. 2.  These reports were denied by the Opponent No.1 Dr. when consulted for 2nd opinion and he made diagnosis of Tuberculosis of rib (T...

A Decision to put a patient on Ventilator is not a Negligence (and it saved Drs. From paying Rs. 60 lahks ! ), but not providing copies of Medical Record amounts to Negligence.. The case of MANMOHAN SINGH & 2 ORS. V/s. FORTIS HOSPITAL You may see the link. http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FFA%2F1431%2F2014&dtofhearing=2015-01-14 The Brief Facts : 1.The deceased was 96 years lady, who was admitted in Fortis Hospital, Mohali for the compliant of dehydration. She was put on and of in ICU. The sons of the deceased filed a Medical negligence case against the Hospital and Doctors for the compensation of Rs.60 laks plus and the bone of contention was that the Doctors intentionally put the patient on ventilator, at several occasions, without any reason and the consent of the Complainants or the family members, as per regulation 7.16 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002...