Hospital told to pay ₹10 lakh to victim’s kin
5 years, 5 months ago

Hospital told to pay ₹10 lakh to victim’s kin

The Hindu  

Following an appeal moved at the State Consumer Disputes Redressal Forum seeking enhancement of compensation for medical negligence by Indraprastha Apollo Hospital, the State Commission has modified the district forum order and directed the hospital to pay the complainant ₹10 lakh. The directions came when a city resident approached the consumer panel seeking enhancement of compensation of ₹1 lakh that the district forum had ordered for medical negligence by the hospital. Qualitative change The State commission while enhancing the compensation amount observed, “This may serve the purpose of bringing about a qualitative change in the attitude of the hospitals in providing service. The attitude of technicians, doctors and other staff of the hospital was quite rude and unprofessional,” the consumer panel observed while looking into the complaint.

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History of this topic

Death due to medical negligence: Kotkapura doctor, hospital told to pay ₹1 lakh compensation
3 weeks, 5 days ago

Death due to medical negligence: Kotkapura doctor, hospital told to pay ₹1 lakh compensation

Hindustan Times  

The district consumer disputes redressal commission in Faridkot has directed a Kotkapura-based doctor to pay ₹1 lakh compensation to a resident for medical negligence that led to his mother’s death. Kanwarmanjit Singh of Faridkot had filed a complaint against Dr Tony Kataria and Kataria Hospital, seeking ₹ 19 lakh compensation for medical negligence leading to the death of his 75-year-old …

Forum orders Vasavi Hospital, two doctors to pay Rs 10 lakh for negligence
1 month, 1 week ago

Forum orders Vasavi Hospital, two doctors to pay Rs 10 lakh for negligence

New Indian Express  

HYDERABAD: The District Consumer Disputes Redressal Commission-II, Hyderabad, has directed Vasavi Medical & Research Centre, Lakdikapul and two doctors to jointly pay Rs 10 lakh compensation for negligence in treating the complainant’s mother, who died of cardiac arrest. After performing an angiogram, the doctors informed Rajesh that his mother had two blockages in the heart and advised insertion of stents. …

Consumer forum enhances compensation from ₹50,000 to ₹2 lakh for medical negligence
5 months ago

Consumer forum enhances compensation from ₹50,000 to ₹2 lakh for medical negligence

The Hindu  

The Telangana State Consumer Disputes Redressal Commission enhanced the compensation to a complainant from ₹50,000 to ₹2 lakh, while dealing with a case of medical negligence that involved a foreign body being left inside a patient post-surgery. The TSCDRC faulted the OP for failing to advice the complainant “as to what needs to be dome to remove the fragment/foreign body”, …

Consumer Fora Possesses Discretionary Powers To Award Compensation: Delhi State Commission
6 months, 1 week ago

Consumer Fora Possesses Discretionary Powers To Award Compensation: Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki, held that the consumer fora have the discretion to decide on compensation to ensure fairness and encourage better service practices. Aggrieved by the District Forum's order, the complainant appealed before the State Commission to enhance compensation. Contentions of the Opposite Party The doctor filed a cross-appeal denying …

Ludhiana: Private hospital to pay ₹3L compensation for ‘negligence’
7 months ago

Ludhiana: Private hospital to pay ₹3L compensation for ‘negligence’

Hindustan Times  

The District Consumers Disputes Redressal Forum has directed Singla Hospital, Model Town, and its managing director Dr Hari Krishan Singla to pay ₹3 lakh as compensation for “medical negligence” in the treatment of a four-year-old girl. The commission, headed by president Sanjeev Batra and member Monika Bhagat, announced the decision in favour of the complainant, Rajinder Singh, father of Mandeep …

Employee's Right To Seek Treatment From Hospital Of Choice Cannot Be Curtailed By Circulars Issued By Employer: Kerela High Court
7 months, 4 weeks ago

Employee's Right To Seek Treatment From Hospital Of Choice Cannot Be Curtailed By Circulars Issued By Employer: Kerela High Court

Live Law  

A single judge bench of the Kerela High Court comprising of Justice G. Girish in the case of Area Manager, Food Corporation of India vs P.T. Rajeevan has held that the right of the employee to seek treatment from the hospital of his choice cannot be curtailed by the circulars issued by employer Background Facts P.T. 20,000 Findings of the …

National Consumer Commission Holds Janak Surgicare Liable For Deficiency In Service For Causing The Death Of A Patient During A Surgical Procedure
9 months, 2 weeks ago

National Consumer Commission Holds Janak Surgicare Liable For Deficiency In Service For Causing The Death Of A Patient During A Surgical Procedure

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee, held that although medical professionals are not required to maintain the utmost skill levels at all times, they are still required to offer a reasonable standard of skill and care. Contentions of the Complainant The complainant's wife sought medical attention at Janak Surgicare Hospital and was examined by …

Panipat District Commission Holds Oscar Super Specialty Hospital Liable For Charging Patient Despite Applicability Of Aayushman Bharat Scheme
10 months, 3 weeks ago

Panipat District Commission Holds Oscar Super Specialty Hospital Liable For Charging Patient Despite Applicability Of Aayushman Bharat Scheme

Live Law  

The District Consumer Disputes Redressal Commission, Panipat bench comprising Dr. R.K. Dogra and Dr. Rekha Chaudhary held Oscar Super Speciality Hospital & Trauma Centre liable for deficiency in services for wrongfully charging the Complainant for the treatment despite him being an Aayushman card holder. Observations by the District Commission: The District Commission noted that the Complainant submitted the bills of …

Chandigarh-based health insurance firm penalised ₹25,000 for rejecting mediclaim
1 year ago

Chandigarh-based health insurance firm penalised ₹25,000 for rejecting mediclaim

Hindustan Times  

The District Consumer Disputes Redressal Commission has penalised a city-based health insurance company for rejecting a cashless payment claim, citing that the medical record and the documents submitted by the hospital did not show any such medical condition and circumstances which necessitated OPD admission of the insured patient, and the hospitalisation and IPD treatment was not warranted. Parminder Singh, of …

Insurance company told to release Rs 3L med claim, slapped Rs 30k fine in TN
1 year ago

Insurance company told to release Rs 3L med claim, slapped Rs 30k fine in TN

New Indian Express  

VIRUDHUNAGAR: The District Consumer Disputes Redressal Commission in Srivilliputhur directed an insurance company to release a medical insurance claim of Rs 3 lakh to a customer and pay a fine of Rs 30,000 for deficiency in service. The commission, comprising President SJ Chakkkaravarthy and member M Muthulakshmi, issued the verdict after hearing a petition filed by G Selvaraj of Rajapalayam …

Doctors Not Liable For Consequences From Pre-Existing Conditions, North Chennai Commission Dismisses Complaint
1 year ago

Doctors Not Liable For Consequences From Pre-Existing Conditions, North Chennai Commission Dismisses Complaint

Live Law  

The District Consumer Disputes Redressal Commission, North Chennai bench comprising Thiru G. Vinobha, TMT Kavitha Kannan and Thiru V. Ramamurthy dismissed a complaint against St. Isabel Hospital and its doctor based on the principle that medical practitioners cannot be held responsible for the consequences arising from the pre-existing condition. Observations by the Commission: Upon thorough examination of the entire records …

Consumer Cases Weekly Round-Up: 9th October 2023 to 15th October 2023
1 year, 2 months ago

Consumer Cases Weekly Round-Up: 9th October 2023 to 15th October 2023

Live Law  

National Consumer Disputes Redressal Commission NCDRC Orders Haryana Transport Department To Pay Compensation For Its Failure To Prevent Smoking Inside Public Buses The National Consumer Disputes Redressal Commission bench comprising Dr Inder Jit Singh directed the Haryana State Transport Department to take appropriate measures to stop the menace of smoking inside the public buses by the drivers, conductors and passengers. …

Chandigarh: Insurer penalised for rejecting mishap victim’s mediclaim
1 year, 4 months ago

Chandigarh: Insurer penalised for rejecting mishap victim’s mediclaim

Hindustan Times  

A Zirakpur woman, who had approached the District Consumer Disputes Redressal Commission, Chandigarh, over rejection of mediclaim by the insurer following an accident, has been awarded the complete claim, along with compensation for mental harassment. The consumer commission directed Religare Health Insurance Company Limited to pay the claim amount along with compensation. The commission directed Religare Health Insurance Company Limited …

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

Live Law  

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 …

92-yr-old Chandigarh man wins legal fight against wrongly rejected mediclaim
1 year, 8 months ago

92-yr-old Chandigarh man wins legal fight against wrongly rejected mediclaim

Hindustan Times  

Wrongly rejecting a 92-year-old man’s medical claim has cost an insurance firm dear. The 92-year-old alleged that despite the fact that the claim was fully covered as per the terms and conditions of the policy, the company wrongly repudiated it, which amounted to deficiency in service and unfair trade practice. Holding New India Assurance Co. Limited, Chandigarh, guilty of unfair …

Uttarakhand Consumer Forum Refuses Compensation To Couple That Conceived After Free Sterilization Operation At Govt Hospital
1 year, 11 months ago

Uttarakhand Consumer Forum Refuses Compensation To Couple That Conceived After Free Sterilization Operation At Govt Hospital

Live Law  

The Uttarakhand State Consumer Disputes Redressal Commission at Dehradun has quashed the order of District Consumer forum granting Rs. 1 was done at the government hospital free of cost.” The matter reached the State Commission through an appeal filed under Section 15 of the Consumer Protection Act, 1986 against the order of the District Commission. The State Consumer Disputes Redressal …

Thiruvarur Hospital Can Recover ₹5 Lakh Compensation Amount From Doctors, Officials In Medical Negligence Case: Madras High Court
2 years ago

Thiruvarur Hospital Can Recover ₹5 Lakh Compensation Amount From Doctors, Officials In Medical Negligence Case: Madras High Court

Live Law  

The Madras High Court has held that whenever loss to the State Exchequer is caused due to the negligent acts of public servants, such financial loss should be recovered from them. Justice SM Subramaniam was hearing a civil revision petition filed by the Dean of the Government Medical College Hospital, Thiruvarur and District Collector, Thiruvarur to set aside the attachment …

Andhra Pradesh woman awarded ₹15 lakh compensation for deficiency in medical service
2 years, 2 months ago

Andhra Pradesh woman awarded ₹15 lakh compensation for deficiency in medical service

The Hindu  

In a landmark judgment, a 30-year-old woman, who underwent a Caesarean section at the Christian Medical College and Hospital in Vellore in 2015, has been awarded a compensation of ₹15 lakh for deficiency in medical service on Wednesday. The commission’s president Ginka Reddy Sekhar, after examination of records at the hospital in Tamil Nadu, found that the woman had suffered …

NHRC intervention ensures disciplinary action against doctor in medical negligence case
2 years, 4 months ago

NHRC intervention ensures disciplinary action against doctor in medical negligence case

The Hindu  

The intervention by the National Human Rights Commission in a case of death of a pregnant woman due to “medical negligence” has resulted in the government of West Bengal paying ₹3.75 lakh as monetary relief to her next of kin, officials said on Thursday. The State’s medical council has been asked to take disciplinary action against the “negligent doctor” for …

Hospital's Delay To Shift Patient To Another Hospital For Proper Treatment Amounts To Negligence: Madras HC Awards ₹5 Lakh Compensation
2 years, 5 months ago

Hospital's Delay To Shift Patient To Another Hospital For Proper Treatment Amounts To Negligence: Madras HC Awards ₹5 Lakh Compensation

Live Law  

The Madras High Court has ordered lump sum compensation of Rs. 5 lakhs to a young mother who was forced to undergo three surgeries due to delay on part of a government hospital to shift her to a better facility, consequently kept away from her newborn baby for nine months.A bench of Justice Anand Venkatesh observed,"The 3 rd respondent hospital, …

Gujarat Consumer Court Orders Insurance Company to Cover Doctor's Medical Bills after Treatment at Own Hospital
2 years, 6 months ago

Gujarat Consumer Court Orders Insurance Company to Cover Doctor's Medical Bills after Treatment at Own Hospital

News 18  

A Gujarat court has ordered that a doctor is entitled to medical insurance claim for treatment in his own hospital. The petitioner, Dr Indravadan Shah, had filed a complaint in the Consumer Protection Court in June 2021 against Niva Bupa Insurance for non-payment of claim. The insurance company rejected the claim.” The claim was rejected as the doctor was treated …

Insurance firm directed to settle claims of patient
2 years, 7 months ago

Insurance firm directed to settle claims of patient

Deccan Chronicle  

Hyderabad: The District Consumer Disputes Redressal Commission-I directed the State Bank of India General Insurance to pay Rs 1,47,343 along with an interest at nine per cent for failing to settle the claims of a person who was insured with them and had undergone treatment. They filed a petition before the commission against Paramount Health Services and Insurance TPA services, …

Bombay High Court adds ₹5 lakh more to compensation in accident case
2 years, 8 months ago

Bombay High Court adds ₹5 lakh more to compensation in accident case

The Hindu  

The Bombay High Court recently added ₹5 lakh more to the compensation to be awarded to a young girl who suffered physically and mentally in an accident and held, "No amount of money can compensate human sufferings and personal deprivation." Appeal in HC The liability to pay the compensation was imposed on the owner of the vehicle which was held …

'Medical Negligence Cases Recklessly Launched': Karnataka High Court Bats For Legal Protection Of Doctors Against Bonafide Errors
2 years, 11 months ago

'Medical Negligence Cases Recklessly Launched': Karnataka High Court Bats For Legal Protection Of Doctors Against Bonafide Errors

Live Law  

The Karnataka High Court has suggested that medical professionals should be protected from legal action just like public servants are protected against bonafide errors in their action. The court said "Compensation culture'' which obtains in other jurisdictions is gradually gaining entry to the field of medical services in our society affecting a healthy relationship of doctor & patient. Following which …

Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery: Supreme Court
3 years, 4 months ago

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

Live Law  

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 …

State Has To Compensate Unforeseen Death Or Injury In Govt Hospital Even If There Is No Medical Negligence : Madras High Court
3 years, 10 months ago

State Has To Compensate Unforeseen Death Or Injury In Govt Hospital Even If There Is No Medical Negligence : Madras High Court

Live Law  

The Madras High Court has directed the State of Tamil Nadu to provide a compensation of Rs. 5 lacs to a Dalit Petitioner whose daughter had died as a result of complications that arose after administration of anesthesia in a government hospital FACTS OF THE CASE In the instant case, the Petitioner's daughter, aged 8, was suffering from tonsils and …

'Prime Duty of Hospitals is to Help Patients': NCDRC Asks Vellore Facility to Pay Rs 25 Lakhs as Compensation
4 years, 4 months ago

'Prime Duty of Hospitals is to Help Patients': NCDRC Asks Vellore Facility to Pay Rs 25 Lakhs as Compensation

News 18  

A hospital has every right to insist on payment but it also has the prime duty to take care of a patient facing a health emergency, the National Consumer Disputes Redressal Commission has said while awarding a compensation of Rs 25 lakh for medical negligence to a woman whose husband died at the Christian Medical College, Vellore. A bench of …

[Negligence] WB Consumer Forum Directs VLCC To Compensate Client Who Sustained Burn Injuries During Fat Reduction Process [Read Order]
4 years, 11 months ago

[Negligence] WB Consumer Forum Directs VLCC To Compensate Client Who Sustained Burn Injuries During Fat Reduction Process [Read Order]

Live Law  

The District Consumer Disputes Redressal Commission of Kolkata has directed beauty clinic VLCC to compensate a client who sustained second degree burn injuries while undergoing a fat reduction treatment offered by them. The Commission has asked VLCC to refund the amount paid by the Complainant for fat reduction process, i.e., Cool Technique Procedure, along with compensation worth Rs. Reliance was …

Apollo Hospital asked to pay ₹10 lakh compensation to Delhi patient
5 years, 5 months ago

Apollo Hospital asked to pay ₹10 lakh compensation to Delhi patient

Live Mint  

Human touch is "necessary" and the "duty" of hospitals, the Delhi State Consumer Commission has said while directing Apollo Hospital to pay ₹10 lakh compensation to the father of a 24-year old woman who died because of its negligence in 2007. It made the observation while directing the Indraprastha Apollo Hospitals to pay the compensation to Delhi resident, Raj Karan …

Duty Of Care Does Not End With Surgery; NCDRC Orders Hospital And Doctors To Pay 31 Lakh To Deceased Patient's Family [Read Order]
5 years, 5 months ago

Duty Of Care Does Not End With Surgery; NCDRC Orders Hospital And Doctors To Pay 31 Lakh To Deceased Patient's Family [Read Order]

Live Law  

The National Consumer Disputes Redressal Commission has ordered the Bombay Hospital located in South Mumbai area, to pay Rs. President RK Aggarwal and Member M Shreesha heard the appeal filed by the deceased Ranjit Toprani's family challenging State Consumer Disputes Redressal Commission's order rejecting allegations of negligence against the hospital and the doctors. The patient was certified fit for surgery …

Medical Negligence: Delhi State Commission Awards Rs. 25 Lakh To Woman As Compensation [Read Judgment]
5 years, 7 months ago

Medical Negligence: Delhi State Commission Awards Rs. 25 Lakh To Woman As Compensation [Read Judgment]

Live Law  

Delhi State Commission Consumer Court awarded Rs. 25 lakh damage to a woman who became a victim of medical negligence and lost her first baby after a hospital wrongly advised her to plan family alongside prescription of heavy TB medicine. Fortis hospital agreed to do second surgery free of charge and complainant suffered real trauma of negligent conduct when Dr. …

Medical Negligence- Award Of Compensation Cannot Go Restrictive When The Victim Is From Poor And Rural Background:SC [Read Judgment]
5 years, 10 months ago

Medical Negligence- Award Of Compensation Cannot Go Restrictive When The Victim Is From Poor And Rural Background:SC [Read Judgment]

Live Law  

Responsiveness and diligence of Medical Professionals has to be equi-balanced for all their consumers, said the Supreme Court while enhancing compensation to a woman who suffered due to medical negligence. The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari observed: The lady, who was from a very poor and rural background, had suffered the medical negligence leading to …

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