Medico-Legal

"Big Blow to Insurance Company for repudiating claim based on fake medical certificate and Disciplinary Action initiated against Doctor for prescribing such fake Medical Certificate."  Adv. Rohit Erande  © Case Details : ICICI PRUDENTIAL LIFE INSURANCE CO. LTD.V/s. Dattatrey Gujar R.P. No. 3858/2017 Coram : Hon'ble Mr. Dr. S.M. Kantikar, Presiding Member Hon'ble Mr. Dinesh Singh Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F3858%2F2017&dtofhearing=2019-06-14 Facts in Short : 1. The dispute relates to repudiation of the complainant’s insurance claim. The Insurance Company repudiated the claim of the Complainant U/Sec.45 of the Insurance Act alleging that the the Complainant deliberately withheld information about his diabetes and its continuing treatment. The Complainant-Respondent took the mediclaim policy and after taking the policy, after 4 years Complainant...

ORGAN DONATION :  Every yearn Organ Donation day is celebrated on 13th  of August. It's a boon to mankind by the Medical  science and a chance to live even after death.. Today a news flashed that this year till today, 117 patients were benefited in Pune Region. Thanks  to organ donation and it's enough to underline the importatnce of Organ Donation. Organ Donation breaks all the barriers of cast and religion and promotes unity... A) Introduction : The Medical Science has bestowed various benefits upon mankind and Organ Donation is one of them. Organ donation puts life in the needy patient, in the sense that the damaged organ in the body of the patient is replaced by the organ of the Donor, in absence whereof the needy patient would have  died because of the dysfunctional organ. The Person who donates the Organ is called as DONOR and the person in whose body the organ is transplanted is called as RECIPIENT. Every year 13th August is celebrated as O...

Healthcare Excluded from new Consumer Protection Act, 2019 ? Adv. Rohit Erande.  © It all started with a breaking news that flashed in one of the leading news paper, which stated that Govt. is proposing to keep the Healthcare services out of the purview of new Consumer Protection Act (CPA). No doubt sheer news also gave sigh of relief to Medicos across the World. But that news also clarified that it will not prevent aggrieved persons from approaching consumer forum. see the below given link of the said news. https://timesofindia.indiatimes.com/india/consumer-bill-draft-removes-healthcare-from-services/articleshow/69935129.cms Now lets see what is the reality. Old Act : The CPA was first introduced in the year 1986 as a Social Legislation and to protect the interest of Consumers.  It defined the term "Services" as under : Sec. 2(o)     "service" means service of any description which is made available to pote...

Homeopathic Doctor saddled with Rs.10 lakhs for giving Allopathic Treatment, But a lesson for every Doctor as case revolves around death b y Anaphylactic reaction.. Adv. Rohit Erande.  © Case Details : DR. RAHUL V/s. ARVIND. REVIEW APPLICATION NO. 251 OF 2017 Before :  HON'BLE MR. DR. S.M. KANTIKAR,PRESIDING MEMBER & HON'BLE MR. DINESH SINGH,MEMBER. Judgement delivered by :  DR. S. M. KANTIKAR, PRESIDING MEMBER Judgement Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRA%2F251%2F2017&dtofhearing=2019-07-08 Facts in short : 1. The Case goes back to year 2000 , where Complainant's wife, deceased Mrs. Milan, died due to Medical Negligence. On 22/2/2000 at 8 p.m. complaining pain in her stomach , the deceased was brought to the Hospital of the Doctor, a practising homeopath.  2. It was alleged that he administered her with 2 injections and she had anaphylactic  reactions and he...

"No Cure is No Negligence. The allegations of improper use of steroids were turned down.  The Complaint f iled by the complainant is the outcome of  ignorance of medical knowledge.  " Case Details : ABHISHEK MEENA V/s All India Institute of Medical Sciences (AIIMS) & ors. Consumer  Case No. 305 OF 2018 BEFORE: HON'BLE MR. DR. S.M. KANTIKAR,PRESIDING MEMBER Judgment Link : ms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F305%2F2018&dtofhearing=2019-07-01 Facts in brief : 1. The Complainant alleged that he permanently lost his 'right eye vision' due to negligent treatment and hence filed a case claiming Rs. 2 Crores towards compensation. 2. On 29.06.2017 complainant approached the eye institute i.e. 'Dr. Rajendra Prasad Centre for Ophthalmic Sciences' for his complaint of blurring of vision in his right eye. After examination and var...

"Save Doctors to Save yourselves..." Beat the wrong mindset, not the Doctors" Adv. Rohit Erande. © If Doctors cannot be treated as God's,they cannot be condemned as Devils too.. In these  days of Corona Pandemic, Doctors are risking thier lives to save us, but sorry to  say that some people are  not mature enough to treat the doctors. The Following message is loud and clear : At all other places : If you are sneezing, having cold, fever, then don't come to us.. But.... In Hospitals, Drs. And Nursing Staff : If you are sneezing, having cold, fever, then please come to us immediately..  In last week a pediatrician in Bolthan, Nashik Dist, Maharashtra was beaten to 12 stitches. Yesterday a Doctor in Malegaon Dist, Maharashtra, was reportedly beaten as he dis not answer phone of MLA... Attacks on Doctors have become very common that sarcastically, any one can get a Doctorate in this subject.. It is said that there is unity in diversity in...

"A doctor cannot give complete assurance and guarantee to save life of a patient.   " Adv. ROHiT ERANDE.© Case Details : Charan Kamal Chopra V/s. Dr. R.K. Gupta, Haryana & anr. Rev. Pet. No. 1942/2018. Before : Hon  Dr. S.M. Kantikar - Presiding Member &  Hon. Mr. Dinesh Singh, Member Decided on : 18/04/2019 Judgment Link  http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F1942%2F2018&dtofhearing=2019-04-18 Facts in short : 1. The Complainant's mother 78 yrs of age, the patient in this case, was admitted in the Hospital in ICCU. All the tests like ECH, Echo, , Blood tests, USG etc. were perfomred. 2. The patient was a known patient of High BP and Diabetics for nearly 15 years. Her blood urea was 152% mg and Serum Creatinie was 8.2% mg, which was much more than the normal range. 3. Thus as it was a case of renal failure, as a standard protocol she was advised hemodialysis....