Medico-Legal

New year start with a positive news.. A case claiming Rs.1 crore + compensation filed against 5 Govt. Hospitals and 3 Doctors, dismissed. The Judgment that has dealt with important points : a.  Referral to Higher Center is not Negligence   : b .  A Doctor from another Hospital cannot be called 'anytime' and 'anyhow'.  c . It is not feasible for a Professor & Head to see each and every patient in his Unit and to countersign Medical Records.  d.  Expert opinion of  retired Professor of Forensic Medicine was rejected. e. It is well known that even the best professionals, what to say of the average professional, sometimes have failures . A lawyer cannot win every  case  in  his  professional  career but surely  he  cannot be  penalized for  losing  a  case  provided  he appeared in it and made his submissions. f.  The patient has a right to choose his medical c...

Relief to Doctors in Criminal Action for Negligence : Examining a medical Expert is mandatory before framing of charges   - Hon. Supreme Court. (Adv. Rohit Erande) Pune. © There are umpteen  number of incidences wherein a patient dies, Doctors get arrested on the alleged ground of Medical Negligence  and charges under Section 304-II  of IPC  are framed instead of Sec.304-A and as a result, the Doctors have to run from this court to that court for bail.. It's the prerogative of Investigating authorities to put the charge or sections, it's legality will be decided by the Courts.. The action for Medical Negligence may be two-fold, Civil action for damages and Criminal Action for punishment and both actions can be initiated simultaneously. In case of Criminal Action, the charge may be framed under Sec.304 (part II) of IPC or Sec.304-A of IPC, depending upon the facts of each case.  Lets See in Brief and then we shall proceed to the recent Ju...

"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...