Medico-Legal

A recent Judgement of Hon. Apex Court may be referred to oasis for Doctors in these days. Their Lordships Observed, "We have sympathy for the appellant (who lost his beloved wife) , but sympathy cannot translate into a legal remedy" Case Details : Vinod Jain V/s. Santokba Durlabhji Memorial Hospital & ors. (2020) 1 SCC (civ.) 256 = (2019) 12 SCC 229. Civil Appeal No.2024/2019, decided on 25/02/2019 Coram : Hon. Sanjay Kisan Kaul and L. Nageswara Rao) Link : https://www.supremecourtofindia.nic.in/supremecourt/2017/34426/34426_2017_Judgement_25-Feb-2019.pdf Facts in short : The Appellant after consulting various Doctors and with his Doctor Son, settled in USA, decided to file the case against Doctors and Hospital. 1. The Appellant , who lost his beloved wife, case for Medical Negligence in Rajasthan State Forum against the Respondent. The State Forum allowed the Compliant, however the National Forum reversed the said Judgment and hence the Ap...

"Failure to give proper treatment at proper Time is Negligence". As the deceased was Housewife, Supreme Court saddled Rs.15 lakhs compensation by holding that Contribution made by Housewife has an economic equivalent. An Important Judgment indeed.  Case details : Arun Kumar Manglik V/s. Chirayu Health and Medicare Pvt. Ltd & anr. Civil Appeal No.227/228 of 2019, decided on 09/01/2019. Coram : Hon. Dhananjay Chandrachud and Hon. Heman Gupta, JJ. Judgment Link. https://www.sci.gov.in/supremecourt/2016/27594/27594_2016_Judgement_09-Jan-2019.pdf Facts of the case in short : 1. The Complainant approached M.P. State Consumer Forum for claiming Rs.48 lakhs as compensation. However the forum granted Rs.6 lakhs as the deceased patient was Housewife. This judgment was reversed by National Commission and hence the Complainant approached Hon. Supreme Court. The 56 years old wife - patient of the Appellant-complainant was admitted in the Responde...

"It is wise to remember that “Poor medical  records mean poor defense, no records mean no defense”, hence liable for medical negligence. " These are the opening words of National Commission which held the Orthopedic Surgeon for medical Negligence for damages of  around Rs. 4 lacks  in the case of Venkati Vattamwar V/s. Dr. Prakash Bhandari. You may see the judgment in this Link.http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F493%2F2015&dtofhearing=2015-10-13 The factual matrix in nutshell may be read as under : 1. The Complainant who won the case in District forum, but lost the same in State Fora, was admitted in the Opponent's Orthopedic Hospital due to motorcycle accident and was diagnosed with a small fracture in right leg . 2. During the stay in hospital, there was no sign of improvement and the patient in spite of 2 operations and a plastic surgery, which was performed just 1 day before discharge. As ...

Case Details : Sh. Rajbir Singh V/s. Dr. (Mrs.) N. Khera, Khera Hospital, New Delhi. Compliant No.135/04 By Hon. Anil Shrivastava, Member. Decided on 01/02/2019 Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2FC-135%2F2004&dtofhearing=2019-01-30 Facts of the case in brief : 1. It's the unfortunate case of parents, who lost their 19 years son, Narender, in the Hospital. It was contended that the deceased-son having consumed poisonous substance on 22.08.2003, allegedly due to mental depression, was brought to the Hospital in emergency.  2. However it was alleged that the Doctor and the Hospital were guilty of negligence because : a. they did not commence the treatment soonafter admission of the patient.  b. They did not have required facilities like ICU, Oxygen, Qualified doctors, Ambulance, No registration with proper authorities. c. The Condition of the patient was so critical that it was n...

Case Details : Mr. Vijay Kumar V/s. Dr. Sonia Malik, Dr. Kavita Katoch & Holy Angel Hospital, New Delhi. Case No.09/2011, decided on 22/01/2019. By : Hon. Anil Shrivastava Judgment Link : ://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F0%2FCC%2F11%2F9&dtofhearing=2019-01-15 Facts in short : 1. The Complainant Husband, who lost his beloved wife at the time of her Delivery, filed the compliant for claiming Rs.82,00,000/- as compensation. 2. It was contended in the compliant that deceased patient was diagnosed with 2 fibroids and after consulting the Doctors she was advised to get admitted in the Opponent- Hospital, which is well equipped with modern facilities.  3. On 08/07/2009, the Complainant and his wife reached the Hospital, but where shocked to see that there was no Doctor available. The Nurse gave some medicines and asked the Complainant to bring medicines, cotton, syringes etc. After 15-20 minutes...

A new year gift in form of Judgment for the Medicos by Hon. Delhi State Consumer Forum.  A case claiming Rs.50 lakhs compensation mainly on the allegation that a mask was put in patient's  nose amounted to Negligence was dismissed, underlining the principle that :  " A simple lack of care, an error of judgment or an accident, is not proof of negligence on the part of medical professional. So long as a doctor follows a practice acceptable to the medical profession of that day, he cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure which the accused followed. " Case Details : Manohar Lal V/s. Karla Hospital SRCNC, New Delhi Compliant No.47/2011, decided on 18/01/2019 By : Hon. Anil Shrivastava Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudg...

National Consumer Redressal Forum came to the rescue of Senior Drs and and well known Hospital in Pune and dismissed the Compliant claiming Rs.50 lakcs damages for alleged Medical Negligence, as it was proved that the Doctors followed the standard protocol of treatment.  Case Details :  Mr. Atulkumar Upadhye V/s.  Dr. Anantbhushan Ranade, Sanjeevan Hospital, Pune and Trustees of Jana-Prabodhini Medical Trust, Pune & ors (F.A. No.811/2015),  Forum : Hon. Mr. Justice R.K. Agarwal and Hon. Mrs. M. Shreeshta. Decided on : 15/11/2018  The facts in nutshell are as under : 1.  The Complainant’s wife Smt. Smita, 42 yrs of age, a Banker by profession,   was diagnosed with ovarian cancer (CA ovarian) in the year 2004, which was in an advanced stage. the said diagnosis and advised a further course of treatment. She was advised to undergo four chemotherapy  sessions followed by Surgery and thereafter three m...