medical negligence Archives

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Negligence per se may be declared when …”: NCDRC explains in medical negligence case while awarding Rs 25 lakh compensation plus interest

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a medical negligence case, the Coram of Dr S.M. Kantikar (Presiding Member)

Case Briefs Tribunals/Commissions/Regulatory Bodies

After forceps delivery, patient developed 4th degree perineal tear losing chance for normal delivery: Will doctor be liable for medical negligence? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): After forceps delivery, a woman lost her control over passing urine and stool due to the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Dental Negligence | Consensus between dentists and patients essential to standardize treatment plans and methods: No X-ray conducted prior to performing root canal treatment: Read how NCDRC found dentist negligent

National Consumer Disputes Redressal Commission (NCDRC): Expressing that, the consensus between the dentists and patients is essential to standardize treatment plans and

Case Briefs High Courts

Do District and State Consumer Disputes Redressal Commissions do not have jurisdiction to take cognisance of medical negligence complaints? Ker HC analyses

Kerala High Court: N. Nagaresh, J., decided whether medical service would fall within the ambit of Section 2(42) of the Consumer Protection

Case Briefs Tribunals/Commissions/Regulatory Bodies

Patient developed serious complications after being operated which were promptly treated by doctors, yet she died. Would this amount to ‘medical negligence’? NCDRC analyses

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agarwal (President) and Dr S.M. Kantikar (Member) analyses a matter wherein

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can doctors alleged of medical negligence be exempted from legal proceedings as they are busy and conscious about their duties towards patients? NCDRC answers in a transfer application

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Dr S.M. Kantikar (Presiding Member) and Binoy Kumar (Member) while allowing an application

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

24 Reports to Read: Ola & Google’s Dominant Position, Service Charge, Medical Negligence, War Injury Pension and more | Tribunals and Commissions Roundup of January 2022

Appellate Tribunal for Electricity (APTEL) State commission disallows benefit of increase in the tariff based on the change in law provision; Tribunal

Case Briefs Tribunals/Commissions/Regulatory Bodies

Minor treated for “Measles” instead of “Stevens-Johnson Syndrome” due to wrong diagnosis and leading to medical negligence: Read detailed report on NCDRC’s decision

National Consumer Disputes Redressal Commission (NCDRC): While noting a case of medical negligence, the Coram of Justice R.K. Agrawal (President) and Dr

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether non-referral of patient to Specialist or higher centre amounts to deficiency in service or medical negligence of the treating doctor/hospital? NCDRC decides

National Consumer Disputes Redressal Commission (NCDRC): Justice R.K. Agarwal (President) and Dr S.M. Kantikar and Binoy Kumar (Members) decided a matter with

Case Briefs Supreme Court

Explained| Medical Negligence: Can doctors be held liable for negligence if patient can’t survive surgical procedures?

Supreme Court: The Division Bench comprising of Hemant Gupta* and V. Ramasubramanian, JJ., set aside NCDRC’s order granting 14 lakhs compensation to

Case Briefs Tribunals/Commissions/Regulatory Bodies

Medical Negligence | Kidney instead of Kidney Stones removed: Whether hospital will be vicariously liable for its employee’s negligent act? Read to know

Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad: Noting the fact that a patients Kidney was removed instead of the stones in the

Case Briefs District Court

Law on Medical Negligence | When can a doctor be summoned for criminal charges relating to medical negligence? Patiala House Courts explains

Patiala House Courts, New Delhi: While addressing a case of medical negligence Prayank Nayak, MM-01, expressed that doctors can be summoned for

Case Briefs Supreme Court

Mere legal principles not sufficient in medical negligence cases: SC absolves doctor and hospital of liability for medical negligence

Supreme Court: A Division Bench comprising of Hemant Gupta and A.S. Bopanna, JJ. absolved a doctor and a hospital of liability for

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | In case a medical practitioner chooses to follow one procedure instead of another, which turned out to be a failure, Can the said act be negligent? Read on

National Consumer Disputes Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) while addressing an allegation of medical negligence, remarked that, At times,

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can Wheelchair injuries be covered under the ambit of medical negligence? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): Dr S.M. Kantikar (Presiding Member) decided a matter wherein a question of whether wheelchair injuries would

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Newborn child in the care of hospital staff and her grandmother suffered from thermal burns. Will this amount to Contributory Negligence? Is the hospital vicariously liable? Read on

National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Anup K Thakur (Presiding Member) and Dr S.M. Kantikar (Member) while addressing

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | “Sympathy cannot substitute for conclusive evidence of medical negligence”: Can a doctor be liable for medical negligence even after performing his duty with reasonableness? Read

National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member), while addressing the

Case Briefs High Courts

[Medical Negligence] Del HC | Person performing surgery on pregnant women leading to death of the patient: Court rejects bail for offence under Ss. 315, 304 IPC

Delhi High Court: Manoj Kumar Ohri, J., denied bail to the petitioner who is accused of commission of offence under Section 315 (act

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | On suffering a bad outcome from medical treatment, will a person have an automatic right to sue for compensation? Read on

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member), upheld the State Commission’s

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Medical Negligence] NCDRC | Rigid protocols prevailed over medical ethics; Hospital has right to insist payment but the prime duty is the care of emergency patient

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member), while addressing the issue