Negligence In Medical Field Is Judged By Whether Injury Resulted From Negligent Act: NCDRC
4 months, 1 week ago

Negligence In Medical Field Is Judged By Whether Injury Resulted From Negligent Act: NCDRC

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The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya, held that medical negligence is not proven by a lack of care or an error in judgment if the doctor follows an acceptable practice, even if a better alternative exists. Brief Facts of the Case The complainant suffered a high fever and was diagnosed with dengue at Sri Balaji Action Medical Institute/hospital. Contentions of the Hospital The hospital argued that the patient arrived in critical condition with symptoms indicative of severe dengue fever, including high fever, bleeding, and abdominal pain. This principle was upheld in cases like Kusum Sharma v. Batra Hospital, Arun Kumar Manglik v. Chirau Health & Medicare, Maharaja Agrasen Hospital v. Master Rishabh Sharma, and Harish Kumar Khurana v. Joginder Singh.

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History of this topic

Doctor Not Liable For Negligence If Chosen Treatment Recognized As Sound Medical Practice: NCDRC
5 days, 12 hours ago

Doctor Not Liable For Negligence If Chosen Treatment Recognized As Sound Medical Practice: NCDRC

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The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that doctors are not liable for medical negligence if the disputed treatment is recognized as sound medical practice. Contentions of the Opposite Party The doctor denied treating the complainant and stated that the Specialist handled all the treatment, so he wasn't responsible for any alleged negligence. A doctor …

Not Every Death In Hospital Indicates Medical Negligence Unless Proven Otherwise: NCDRC
5 months, 4 weeks ago

Not Every Death In Hospital Indicates Medical Negligence Unless Proven Otherwise: NCDRC

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The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that not every death occurring in a hospital setting can automatically be considered medical negligence based on an assumption of inadequate medical care. The complainants claimed that the doctor's failure to conduct a biopsy and refer her to a cancer specialist constituted medical negligence. Observations by the National …

Doctors Cannot Be Deemed Negligent For Choosing One Acceptable Medical Procedure Over Another, Even If Outcome Is Unfavorable: NCDRC
6 months, 4 weeks ago

Doctors Cannot Be Deemed Negligent For Choosing One Acceptable Medical Procedure Over Another, Even If Outcome Is Unfavorable: NCDRC

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The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that medical opinions may vary on the appropriate course of action for treating a patient, but if a doctor follows acceptable medical practices and the court determines that they provided care with due skill and diligence, it is challenging to deem the doctor negligent even if the …

NCDRC's Revisional Jusridiction Limited To Orders Involving Material Irregularity, Illegality Or Jurisdictional Error, Dismisses Revision Petition By Kalinga Eye Hospital
1 year ago

NCDRC's Revisional Jusridiction Limited To Orders Involving Material Irregularity, Illegality Or Jurisdictional Error, Dismisses Revision Petition By Kalinga Eye Hospital

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The National Consumer Disputes Redressal Commission, New Delhi bench comprising Dr Inder Jit Singh dismissed a revision petition filed by Kalinga Eye Hospital and Research Centre while acknowledging its limited revisional jurisdiction which can only be exercised in the case of illegality, material irregularity or jurisdictional error in the order of the State Commission. Thereafter, the Hospital filed an appeal …

Overcrowded Wards Or Doctors' Overtime Duties Can’t Justify Medical Negligence, NCDRC Holds Safdarjung Hospital Liable
1 year, 4 months ago

Overcrowded Wards Or Doctors' Overtime Duties Can’t Justify Medical Negligence, NCDRC Holds Safdarjung Hospital Liable

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Recently, the National Consumer Disputes Redressal Commission, New Delhi bench comprising of Justice Ram Surat Ram Maurya has held Safdarjung Hospital guilty of medical negligence and directed the hospital to pay Rs. The NCDRC emphasized that overcrowded wards and doctors' overtime duties were not acceptable excuses for medical negligence. The State Commission allowed the complaint filed by the husband and …

Simple Lack Of Care, An Error In Judgment Or An Accident, Is Not Proof Of Negligence: NCDRC
1 year, 8 months ago

Simple Lack Of Care, An Error In Judgment Or An Accident, Is Not Proof Of Negligence: NCDRC

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The National Consumer Dispute Redressal Commission bench comprising presiding member Dr. S.M. It was alleged by the patient that without examining, Dr. Miglani performed cesarean section and forced for pre-term twin delivery by putting high risk to the new born twins. Thus, the patient filed this complaint under Section 21 of the Consumer Protection Act, 1986 against Apollo Cradle, Amritsar …

Doctor Liable For Negligence, NCDRC Confirms The Order Of The State Commission
1 year, 9 months ago

Doctor Liable For Negligence, NCDRC Confirms The Order Of The State Commission

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A single bench of National Consumer Dispute Redressal Commission, of Dr. S.S. Kantikar in a Revision Petition, has confirmed the Order passed by the District Forum and State Commission. Aggrieved by order of the District Forum, the Doctor filed an Appeal before the State Commission, Lucknow, U.P. Aggrieved by the Order of the State Commission, the Doctor filed a Revision …

Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery: Supreme Court
3 years, 3 months ago

Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery: Supreme Court

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The Supreme Court observed that a medical professional cannot be held negligent merely because the treatment is not successful or the patient dies during surgery.To indicate negligence, the bench of Justices Hemant Gupta and AS Bopanna said, there should be material available on record or else appropriate medical evidence should be tendered. The Supreme Court observed that a medical professional …

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