Medico-Legal

Tubectomy or Family planning operation does not assure 100% guarantee. The patient who was pregnant on the day of Tubectomy cannot allege that the operation was a failure. ! Adv. ROHiT ERANDE. © Case Details : Before hon'ble NCDRC, New Delhi.    REVISION PETITION NO. 146 OF 2018    STATE OF RAJASTHAN & 2 ORS. V/s. ROBINA HUSSAIN BEFORE:  Hon. Dr. S.M. KANTIKAR. Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F146%2F2018&dtofhearing=2023-01-23       Facts in short :  1.     The question before NCDRC was , whether the failure of tubectomy operation, which resulted in the unwanted pregnancy, can be termed as medical negligence. ? The case goes back to 2005.  2.       The Complainant Robina underwent tubectomy operation in the Family Planning Camp organized by the State of Rajasthan. It was performed by the Medical Officer (OP-3) at C...

  Sympathy for the patient's sufferings   cannot be the basis to decide negligence of the Doctors. ADV. ROHiT ERANDE   © Case Details :  REVISION PETITION NO. 2734 OF 2014  (Against the Order dated 25/11/2013 in Appeal No. 853/2012 of the State Commission Kerala)  SREEMATHY     V/s. STATE OF KERALA & 2 ORS. BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER judgment link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2734%2F2014&dtofhearing=2023-01-31 Dated : 31 Jan 2023 Facts in nutshell  1. The facts of the case take us to 2002 !! .  The Complainant  suffered blister like swelling and pain in her left leg which was initially treated at  General Hospital, Thiruvananthapuram (OP-2) and thereafter in Medical College Hospital, Thiruvananthapuram (OP-3), but there was no improvement.   2. It was alleged that due to wrong medicines and wr...

  The Machine which is registered under the PCPNDT Act cannot be carried to other place which is not registered" -Bombay High Court. In short, One Machine - One Place - One Registration. Adv. ROHiT ERANDE © In its recently reported judgment of Dr. Deepak Sane V/s. State of Maharashtra, 2017(1) Mh.L.J.379, W.P. no.2995/2015, The Division Bench at Nagpur held so.. Facts in short : 1. The petitioner is the leading Medical Practitioner in Nagpur and dealing exclusively with Heart Treatment. He is required to use the 2D Echo Colour Doppler Machine for Treating his patients and for treating the patients he requires to visit the ICCU at different Hospitals. 2. IT was the case of the petitioner that he needy patients who cannot come to his clinic, for them he has to carry his 2D Echo machine, which is duly registered under the provisions of PCPNDT Act.Therefore he applied to the concerned authorities for getting permission to move the said machine at different places, but same was rejec...

"  Anomaly Scan   should be done by the Specialist like qualified Radiologist or Fetal Medicine expert and not by the Gynaecologist. " "Any Radiologist of ordinary prudence, could have detected such abnormality and it could have averted the patient’s sufferings. She could have aborted the baby within 20 weeks of pregnancy. "  Adv. ROHiT ERANDE © DR. USHA MUKHI HARYANA, V/s.  SEEMA DESWAL & ANR. REVISION PETITION NO. 2780 OF 2017  (Against the Order dated 15/03/2017 in Appeal No. 1051/2015 of the State Commission Haryana) Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2350%2F2017&dtofhearing=2023-01-09 BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER   HON'BLE MR. BINOY KUMAR,MEMBER Dated : 09 Jan 2023 Facts in short : 1      The case of the Complainant - Seema Deswal (patient) that during her pregnancy, she was under consultation of Dr. Usha Mukh...

A case which underlines the importance of proper training to Nurses. "The remark 'Awake' put by an Anesthetist should be read in medical parlance over the remark "drowsy" put by the Nurse" " The hypoxic event could be managed by the Anesthetist and we don’t think  any neurologist to be present at that time" Adv. ROHiT ERANDE.  ©   Before Hon'ble NCDRC, Delhi  CONSUMER CASE NO. 361 OF 2001   SMT. MAMTA AGARWAL & ORS. AMRAWATI, MAHARASHTRA ...........Complainant(s) Versus   BOMBAY HOSPITAL MEDICAL RESEARCH CENTRE & ORS. ...........Opp.Party(s) The judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FOP%2F361%2F2001&dtofhearing=2022-12-22 BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER   HON'BLE MR. BINOY KUMAR,MEMBER Brief Facts: 1.     The facts go back to 1998.   On 28.10.1998, Mr. Vijay Kumar (hereinafter referred to as the ‘patient -...

"It is the Surgeon and not a Patient, who decides the urgency of any surgery".  Adv. ROHiT ERANDE  ©  Before : Hon.  NCDRC, REVISION PETITION NO. 553 OF 2022  (Against the Order dated 18/02/2022 in Appeal No. 112/2012 of the State Commission Rajasthan) DEEP SINGH V/s. SHUBHAM HOSPITAL & 2 ORS. BEFORE : HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER Judgment Link : http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F553%2F2022&dtofhearing=2022-12-19 Short Facts : 1.    The issue involved in the instant case that the burst appendicitis was due to delay to perform the  operation.  2.  The Complainant contended that on 02.09.2003, he suffered acute abdominal pain and admitted in Shubham Hospital (Opponent no.1) at  8 am. The  physician Dr. Ajit Kothari (Opponent-2) examined him and   referred the Complainant  to a Surgeon (Opponent -3) who ad...

Dismissed : An interesting  Case with  allegations of a Patient- a Cardiologist himself that fellow Doctors  ignored to assess the cardiac problem before performing &  hence should pay Rs.1 Cr.+ compensation.   Adv. ROHiT ERANDE  ©   Case Details : Before NCDRC. CONSUMER CASE NO. 33 OF 2007 DR. J.C.MUDGAL Senior Consultant Physician, Mudgal nursing Home, Teacher's Colony, Bulandshahr.                                                  ..........Complainant(s) V/s  DR. A.K.SINGH, Fortis Hospital & ORS. Noida, UP.                                                                       .Opponents BEFORE: ...