Medico-Legal

"Allegations of patient's health deteriorated due to the Doctor going abroad, turned down. The Complainants failed to discharge their  Burden to prove the Negligence". Adv. Rohit Erande. © Case Details : Before Hon. State Commission, Delhi. CORAM : N P KAUSHIK : Member (Judicial) Case no.: Complaint No.347/2001, decided on 16/08/2018. Name of the parties Sh. Pritam Ch. Rana & ors. V/s. Sir Ganga Ram Hospital & ors. Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetPdf.do?method=getPdf&cid=8%2F0%2FC-347%2F2001&dtOfHearing=2018-08-16 Facts in Short : 1. The Compliant goes back to the events that took place between 17.09.1998 i.e. the date of admission of 6 years old Mast. Rishabh Rana to 28.05.2001 i.e when Mast. Rishabh took his last breath.. 2. The Complaint was filed by the parents of the deceased child. MAst. Rishabh was suffering from Acute Lymphoblastic Leukaemia (ALL). Before admitting to the Opponent...

Every year, 13th of August is observed as   the Organ Donation Day.  Organ Donation is the gift/Boon to mankind by the Medical Science. It's the chance to live after death.. However  Still it is seen that people are not   that much aware about the importance of Organ donation much less its legal provisions. The Transplantation of Human organ Act 1994 deals with the Organ Donation in India and it has been amended from time to time. We'll try to  have a breif  in intro about these  provisions. Be aware and make others aware.. Organ Donation is a chance to live even after your death.. 1. The organ Donation can be made during ones lifetime after Death. After death donation is commonly known as "Deha-Daan" 2. Any person of 18 years of age and above is eligible for organ donation. 3. such person has to make his wish of Organ donation in writing by making a WIll, which has to be witnessed by two persons, one of whom shall be near rel...

A case emphasising importance of Informed Consent and proper documentation. *Men may lie, but documents won't*.. Case Details : Shashikant Sharma & anr. V/s.Dr. Manohar Lal Sindhwani  and Batra Hospital & Medical Research Centre, New Delhi & ors. Complaint No. 178/2006, decided on 08/06/2018 ,  by  Hon. State Commission, Delhi.  Judgement Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2FCC-178%2F2006&dtofhearing=2018-06-08 Facts in Short : 1. The Complainants, bereaved parents of the deceased Master Prashant Mudgal who was aged about 14, filed the present Complaint against the Opponents for Claiming Rs.75 lakhs compensation for causing death of thier 14 years son. 2. The case is of 2006. On 19/04/2006, when the deceased-patient went to Dr. sindhwani, he was suffering from enteric fever/ typhoid of high grade/ pneumonia and he was advised to get admitted in the said Hospital....

Premenstrual Syndrome (PMS) can be called as Defense of Insanity.  A case setting up a stepping stone for law on an important subject. Adv. Rohit Erande.© Case Details : Kumari Chandra V/s. The State of Rajasthan Criminal Appeal No.44/1987,  decided on 01/08/2017. CORAM : HON'BLE MR. JUSTICE MOHAMMAD RAFIQ and  HON'BLE MR. JUSTICE GOVERDHAN BARDHAR The Judgment is available on official web site of Hon. Rajasthan High Court. You may search on following link. http://164.100.222.238/cishcraj-jp/JudgementFilters/ Facts in Short : 1. The Case goes back to August 1981. A Case of Abysmal delay. Udhavdas, Omprakash and Deoki 3 kids between 8-9 years started to their School and they met Sati Buva (Aunt).  She took all the three pretending to cause them to show a Temple as well as the Well of Nasia also. She took all of them to well and pushed them into the Well. Unfortunately Omprakash was drowned to death and Udhavdas and Deoki were saved. ...

In these days of social media, a news gets viral more than the speed of mind ! The recent judgement of Hon. Bombay High Court on Telephonic Consultation is the fine example of it. The Moot question before hon'ble Court was :  Prescription without diagnosis  and hence resulting into death of the patient amounts to criminal  negligence on the part of the doctors. But the hon'ble court did not give reliefs to Doctor only because they gave consultation on phone but, also : a) At the outset they discharged the patient with C-Section without examining her, that too the discharge summary was prepared in advance. b) Then they advised to admit the patient when they were out of station and there was no Locum. c) the medicines were advised without enquiring about the symptoms. d) In emergent situation, they did not send the patient to a higher center, e) They used pressurising tactics like arranging the 2 days strike in Ratnagiri, as a result of which other patients s...

"The mere fact that a patient dies in a hospital does not lead to the presumption that the death occurred due to the negligence of the doctor and in order to make a doctor criminally responsible for death of his patient." Case Details : Mohd. Kasur Parvez V/s. St. Stephen's Hospital, Delhi. Compliant No.87/2008, decided on 19/03/2018, By Hon. Delhi State Commission, Before : HON’BLE  SH. O.P. GUPTA, MEMBER(JUDICIAL), HON’BLE  SH. ANIL SRIVASTAVA, MEMBER Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2FCC%2F08%2F87&dtofhearing=2018-03-13 Facts in Short. 1.The case goes back to 2007. The Complainant filed the complaint claiming Rs.40 Lakhs against the Hospital on the ground of death of his wife. 2. It was alleged that complainant’s wife Smt. Zaheda Rajat Quraisee,  a teacher in the Department of Human Resources Development of Bihar Govt. was admitted to the Hospital as she was having seve...

Doctors, Shop (Act) is closed till further order !! The Hon. Bombay High Court previously had observed : “Professional Establishment of a Doctor does not come under the definition of “Commercial Establishment” unless the Activity carried on is commercial in nature. Difference between professional activity and commercial activity is that professional activity is carried on by an individual by his personal skill while commercial activity is systematically and habitually undertaken for production of goods or rendering services to the Community”. The Doctors which were pulled out from the canopy of Shop Act, have been again brought under the 4 corners of said Act ? The recent Bill L.A. Bill No. LIV 0f 2017, introduced in Maha. Legislative Assembly on 08th August, 2017 has categorically 'admitted' Doctors, Hospitals, dispensary, clinic, polyclinic, maternity home in the definition of term 'establishment' under the said Act. They were not specifically included in...