Medico-Legal

Important Judgments for the Gynaecologists. Adv. ROHiT ERANDE. © At the outset, let me thank the organizers of this CME and the members of NOGS and AMOGS, for giving me an opportunity to deliver a lecture on “Recent Judgments and Relevance to Medical Practice”.  I have tried my best to select important judgments from the pleathora of cases. I have also given the blogs written by me related to the cases, which may be helpful to you.  At the outset it is to be always remembered that each case is decided on its own facts and thus Facts play pivotal role. Another important factor, which I would say is universally applicable and that is Proper Documentation.  Always remember that “POOR DOCUMENTATION IS POOR PROOF & NO DOCUMENTATION IS NO PROOF’. Let’s see the important cases in nutshell.  1. Informed Consent :  The Discussion would be incomplete without the landmark judgment of It Hon. Apex Court in the case of Samira Kohli vs. Prabha Manchanda (Dr.) – (2008) ...

"The Neurosurgeon was saved from Rs.1 Crore Complaint as he adopted the Standard Practice"  Don't blame common people, here the Son of the Patient being a Qualified doctor made allegations against the Treating Doctors ! It is pertinent to note that the patient's Son himself is an Anaesthetist and the Commission was surprised to see the frivolous allegations and it was held that "the complaint was filed, simply to blame for untoward incident to get some compensation. The Complainant aims to turn the wheels of fortune in his favour by demanding such immense damages.   Adv. ROHiT ERANDE  © MANJULATA GARG V/s. DR. R. C. MISHRA & 2 ORS, Agra BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER   HON'BLE MR. BINOY KUMAR,MEMBER The Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F87%2F2013&dtofhearing=2022-06-21 Order Dated : 21 Jun 2022 Facts in Short : A Ca...

  Botched S inus Operation damaging eye vision made ENT Doctor to pay Rs.2 lakhs. However, the Court reduced the claim amount as it was covered by Employee State Insurance. Adv.  ROHiT ERANDE.  ©   BALAJI SUPER SPECIALITY HOSPITAL & ANR. CHHATTISGARH V/s.  ARUNA AGARWAL     BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER   HON'BLE MR. BINOY KUMAR,MEMBER   Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F921%2F2019&dtofhearing=2022-06-08   ORDER Pronounced on  8 th  June, 2022  This Revision Petition has been filed by the Petiti...

 Dear Medicos, what's there in New Consumer Protection Act ? as you are not out of it..  Adv. ROHiT ERANDE. © I may not be wrong to say that perhaps the Doctors are not  scared of anything than The Consumer Protection Act or CPA. Medicos often refer it to the draconian legislation. Its been more than 3 decades that the Doctors and the Hospitals have been brought under the 4 corners of this Law. The New, Consumer Protection Act, 2019 (CPA) has been put into effect from 20th July, 2020, barring few sections. The old Consumer Protection Act, 1986 has been now repealed.  Let's see the salient features of this Act, from Doctor's point of view.  We all are aware that the CPA is a social legislation and its main aim and object reads as under  "An Act to provide for the better protection of the Interest of Consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and f...