Medico-Legal

"It is not a deviation from Standard Treatment merely a  qualified Orthopedician selects Operation over Plaster". " Non-union of bone or No cure, is not negligence." "Medical negligence can’t be attributed for the presence of the chronic infection." Adv. ROHiT ERANDE.  © Case Details : RAJ KUMAR V/s. Dr. RAJEEV JAIN Rev. Petition No.472/2020 (Against the Order dated 18/12/2019 in Appeal No. 2928/2013 of the State Commission Uttar Pradesh ) BEFORE:     HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT   HON'BLE DR. S.M. KANTIKAR,MEMBER Judgment Dated : 21 Jan 2022 Briefly stated the facts are that : 1. On 10.04.2010, the Complainant Rajkumar injured his left leg in the road accident. He was examined and was treated by an Orthopedician, Dr. Rajeev Jain i.e. the Opponent, at Dr. Narender Memorial Murti Nursing Home at Baraut, U.P. and then he was operated on 17.04.2010, but no relief.  2. It was alleged that the plates fixed in the leg were not s...

"A Doctor  though treating  patient freely in the hospital, but taking fees in the Private OPD, comes within the purview of CPA" " For botched Hysterectomy, An Obygyan was held liable to pay enhanced compensation considering the time spent in litigation",   "A General Surgeon with necessary experience who performed Ureteroneo- cystostomy as per the Standard Protocol was absolved  even though he was not a qualified Urologist"  Adv. ROHiT ERANDE  ©  Case Details : BEFORE : NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI  REVISION PETITION NO. 3121 OF 2016 (Against the Order dated 08/04/2015 in Appeal No. 219/2013 of the State Commission Chhattisgarh) DR. SUNITA VERMA V/s.  1. SANGEETA DUBEY & 2. DR. V.K. DIXIT(M.S.) & 3. NEW INDIA ASSURANCE COMPANY LTD. BEFORE:     HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT   HON'BLE DR. S.M. KANTIKAR,MEMBER Judgement Link : http://c...

Merely because the patient did not survive after the treatment is not a sufficient ground to hold doctor or hospital for deficiency in service or medical negligence. Adv. ROHiT ERANDE.  © A case where a Physician, an ENT Surgeon, a Gastroenterologist, Nephrologist, Intensivist and Para-Medical Doctors were involved.   The Wikipedia info was tried to be relied upon against the Doctors on alleging that  no specific treatment exists for acute Hepatitis -E   infection , but thanks to Medical literature  that overruled it ! It was alleged that the hospital premise was in shabby condition and not free from mosquitoes. It was also alleged that there was no partition/curtain between beds as a result of which the patient became nervous and passed the motion on bed ! Case Details :   Before THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC)  NEW DELHI   CONSUMER CASE NO. 82 OF 2007   SHRI GOPAL PRASAD DOKANIA V/s.   APOLLO ...

  Doctor's suicide or a System abated murder ? Who will save the Saviours ? -  Adv. ROHiT ERANDE  © Whole Medical fraternity is mourning over the tragic suicidal death of a Gynaecologist - Dr. Archana Sharma from Dausa, Rajasthan. Reportedly the well known gynaecologist, a  mother of two  and loving wife  took her life as she was directly slapped with charges of Murder after the death of pregnant women reportedly due to PPH, otherwise common in patient with risk factors.  Further, reportedly the Lady Doctor with illustrious career, as her colleagues say, took her life or can we say a System abated murder , by hanging herself and in her subside note as seen on the social media, has "begged her innocence and has asked to look after hr two kids" . What can be more unfortunate than this.. Unfortunately Law has remained in the law books that in case of Criminal Medical Negligence, before taking any action against the Doctors, expert medi...

"Root-Canal without X-ray, Lack of Informed Consent and lack of consensus between the Dentist and the Patient, held to be deficiency in service" . " The commission relied upon the minority view of 3 member expert committee"  "The allegations that one of the expert gave contrary opinion due to professional rivalry, also turned down".  Adv. ROHiT ERANDE.  © Case Details : NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION.  REVISION PETITION NO. 2736 OF 2012 (Against the Order dated 04/06/2012 in Appeal No. 126/2012 of the State Commission Andhra  Pradesh) M/S. SRAVANI DENTAL HOSPITAL  Hyderabad   V/s.  ANITHA TANGELLAMUDI & anr.  BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT HON'BLE DR. S.M. KANTIKAR,MEMBER Dated : 08 Mar 2022 The judgment Starts with the quote  "Not everyone can be born with a perfectly aligned smile. If you just changed your smile and  nothing else, you would find a dramatic transformation in your person...

" Doctor's own testimony made him to pay Rs.17 lakhs compensation  for medical negligence ". The Supreme Court enhanced the compensation by Rs.7 lakhs to support the family of  the vegetative  patient  !  Case Details : SHILABEN ASHWINKUMAR RANA V/s. BHAVIN K. SHAH & ANR. (CIVIL APPEAL NO.1442 OF 2019) Before Hon. Supreme court. Judgment Link :   https://indiankanoon.org/doc/131273846/?type=print . Facts in short : 1. The 2.5 yrs old son of the appellant who was suffering from penile phimosis (tightening of the foreskin of the penis) , got admitted to one Jivanshri Hospital, Balasinor at which the respondents were attached as surgeon and anesthetist. 2. On 25 December 2008, the first respondent performed a procedure of surgical circumcision, in 15 mins. Soon after it was over, the child developed respiratory distress. In consequence, he has been reduced to a vegetative state, from which he has not recovered. 3. The appellant mother therefo...

Improper Post Operative care after Angioplasty  resulting into death of a patient, Hon. Supreme Court imposed  Rs.40 lakhs on the Hospital and Rs.10 lakhs on the  Treating Doctor ...  Adv. Rohit Erande © Case Details :  Sheela Jitna Naik Gaunekar V/s. Apollo Hospitals, Chennai. C.A. no. 3625/2005, decided on 05-10-2016, reported in I (2017) CPJ 1 (SC).  Judgment Link : https://indiankanoon.org/doc/139438384/ Facts in short.. 1. The Widow -  Complainant filed the complaint for Rs.70 lakhs against the Hospital on account of sudden death of her husband who underwent  Angioplasty. 2.. It was alleged that there was no proper post-op care taken by the Hospital. 3. Both the parties lead extensive evidence in lower forum and the lower forums after perusing the evidence and more particularly cross exmination of Dr. Mathews came to the conclusion that there was Negligence in post-op treatment, after Angioplasty, which resulted in to death of the Patien...