Posts

*A judgment that brought back smile on the Dentist’s face*. Adv. ROHiT ERANDE. ©

*A judgment that brought back smile on the Dentist’s face*. *A patient may not favourably respond to a treatment given by  a  doctor, does not lead to a conclusion that the Doctor acted negligently* ! *A claim of Rs.15,21,000/- for alleged botched dental treatment, dismissed*               Adv. ROHiT ERANDE.  © Case Details : IN THE DELHI STATE CONSUMER DISPUTES   REDRESSAL COMMISSION   FIRST APPEAL NO.-238/2013     MS. DIVYA CHAUHAN, DELHI (Complainant) V/s. DR. S.P. AGGARWAL (Op.)   CORAM: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT) HON’BLE MS. PINKI, MEMBER (JUDICIAL)   Short facts of the case  : 1.   “1. 0n 30.09.2000, the Complainant alongwith her parents went to OP's clinic with a complaint of pain in one of her teeth. But the OP, after examining her tooth also observed that the front...
Post a Comment
Read more

Claim of Rs.20 Crore + dismissed and it was held that a MD (Internal Medicine) can treat Hematological Condition Immune Thrombocytopenic Purpura (ITP). : Adv. ROHiT ERANDE) ©

  Claim of Rs.20 Crore + dismissed and it was held that a MD (Internal Medicine) can treat Hematological Condition  Immune Thrombocytopenic Purpura (ITP) . Administrative lapses costed Rs.1 lakhs for the Hospital  (Adv. ROHiT ERANDE)  © BEFORE : NCDRC , New Delhi.  CONSUMER CASE NO. 785 OF 2017 MOHIT JAIN V/s. M/S. MAX SUPER SPECIALTY HOSPITAL & 4 ORS. Judgment Link :  http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F785%2F2017&dtofhearing=2023-03-23 BEFORE:     HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER The Judgment begins with the following observations of Hon'ble Apex Court.  It would not be conducive to the efficiency of the medical profession if no doctor could administer medicine without a halter round his neck. [ (2010) 3 SCC 480 It clearly emerges from the exposition of law that a medical practitioner is not to be held liable simply because things went wrong from mischance or m...
Post a Comment
Read more

Proper Treatment advised in emergency over a Phone call saved the Doctor from the clutches of Sec.304A by Hon. Calcutta HC -Adv. ROHiT ERANDE.©

Sec.304A charges dropped by Hon. Calcutta HC and held on facts : in emergency,  prescribing medicines   over a phone call till the Doctor actually reaches the Hospital  amounts to complying   with the standard of care of an ordinary prudent medical practitioner, even if unfortunately  the patient succumbs to complications subsequently. Adv. ROHiT ERANDE. © Case Details : before Hon. Calcutta High Court. Dr. Pabitra @ Pabitra Kumar Biswas V/s. The State Of West Bengal & Anr.  C.R.R No. 3649 of 2016   Present: The Hon'ble Justice Rai Chattopadhya. Factual Matrix in short :The Facts go back to 1997 and the case has been decided in the year 2023 ! 1. The petitioner is a doctor by profession. Against him the de facto complainant alleges the culpable act of being negligent in treatment of his minor son, resulting into death of the said minor. The de facto complainant has lodged FIR in Balurghat Police Station, being registered as Ba...
Post a Comment
Read more