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 not only ordered the hospital to compensate the family but also highlighted that the hospital couldn't cite overcrowded wards or doctors' overtime duties to justify medical negligence. Furthermore, the NCDRC emphasized that overcrowded wards and doctors' overtime duties were not acceptable excuses for medical negligence.

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History of this topic

Doctors Cannot Be Held Liable Without Reliable Evidence Of Medical Negligence: Delhi District Commission
1 week, 5 days ago

Doctors Cannot Be Held Liable Without Reliable Evidence Of Medical Negligence: Delhi District Commission

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The Delhi District Consumer Dispute Redressal Commission has dismissed a case of medical negligence against Employee State Insurance hospital and its surgeons for an unsuccessful tubectomy operation. It was observed by the Apex Court that no case of medical negligence can be sustained merely because of failure of sterilization unless supported by some cogent expert evidence. The bench also relied …

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 …

“Compensation” Includes Compensation For Physical, Mental Or Emotional Suffering: NCDRC
4 months, 1 week ago

“Compensation” Includes Compensation For Physical, Mental Or Emotional Suffering: NCDRC

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The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held T & T Motors liable for deficiency in service for refusing timely repair services while the product was still under warranty. Consequently, the dealer appealed to the National Commission against the State Commission's order. Contentions of the Dealer The dealer argued that the State Commission failed to …

Consumer Cases Weekly Round-Up: 22nd To 28th July 2024
4 months, 3 weeks ago

Consumer Cases Weekly Round-Up: 22nd To 28th July 2024

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State Consumer Disputes Redressal Commission, Goa Insurer Not Liable For Unreasonable Delay In Claim Intimation, Goa State Commission Dismisses Appeal Against Oriental Insurance Company The State Consumer Disputes Redressal Commission, Goa bench comprising Mrs Varsha R. Bale and Ms Rachna Anna Maria Gonsalves dismissed an appeal against Oriental Insurance Company, based on an unreasonable delay on the Complainant's part while …

Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC
5 months ago

Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC

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The National Consumer Disputes Redressal Commission bench of J. Rajendra dismissed a revision petition filed against the postal department pertaining to the confiscation of the Complainant's recurring deposit account due to allegations of embezzlement. Feeling aggrieved, he filed a consumer complaint before the District Consumer Disputes Redressal Commission, Aligarh. Aggrieved by the District Commission's order, the Officials filed an appeal …

Consumer Fora Possesses Discretionary Powers To Award Compensation: Delhi State Commission
5 months, 3 weeks ago

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

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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 …

Medical Beneficiaries Of Railway Hospital Fall Within Definition of 'Consumer': Delhi State Commission Remands Matter Back To District Commission
6 months ago

Medical Beneficiaries Of Railway Hospital Fall Within Definition of 'Consumer': Delhi State Commission Remands Matter Back To District Commission

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The Delhi State Consumer Disputes Redressal Commission bench of Justice Sangita Dhingra Sehgal and Pinki held that the medical beneficiaries of the Railway Hospital fall within the definition of the consumer under the Consumer Protection Act, 2019. In response to the District Commission's decision, the Complainant filed an appeal in the Delhi State Consumer Disputes Redressal Commission and argued that …

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024
6 months, 2 weeks ago

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024

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National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. National Consumer Disputes Redressal Commission Delay In Delivery Of Possession: NCDRC Holds Emaar MGF Land Liable For Deficiency In Service Case Title: Mohan Shyam Dubey Vs. M/S Emaar MGF Land Ltd. National Consumer Disputes Redressal …

Consumer Cases Weekly Round-Up: 20th To 26th May 2024
6 months, 3 weeks ago

Consumer Cases Weekly Round-Up: 20th To 26th May 2024

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National Consumer Disputes Redressal Commission Alerting Insurer About Renewal Of Insurance Is Bank's Responsibility: NCDRC Holds Syndicate Bank Liable For Deficiency In Service Case Title: Bank Manager, Syndicate Bank Vs. Ishwar Dayal The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Syndicate Bank liable for deficiency in service and held that it is the responsibility of …

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 …

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

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

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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 …

North-East Delhi District Commission Holds OYO Rooms And Goibibo Liable For Deficiency In Service, Orders To Pay Rs. 1 Lakh Each Compensation
1 year ago

North-East Delhi District Commission Holds OYO Rooms And Goibibo Liable For Deficiency In Service, Orders To Pay Rs. 1 Lakh Each Compensation

Live Law  

The District Consumer Disputes Redressal Commission, North-East Delhi bench comprising Surinder Kumar Sharma, Anil Kumar Bamba and Adarsh Nain held OYO Rooms Ltd. and Goibibo Web Pvt Ltd. liable for deficiency in service for failure to ensure allocation of rooms to the Complainant and her family upon reaching the selected hotel, despite confirmation and payment. Brief Facts: Mrs Anupama Kasana, …

Consumer Cases Weekly Round-up: 27th November to 3rd December 2023
1 year ago

Consumer Cases Weekly Round-up: 27th November to 3rd December 2023

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Bombay High Court Electricity Connection On Particular Address Not Proof Of Ownership, Legality Of Construction: Bombay High Court Case Title: High Court On Its Own Motion v. State of Maharashtra through Principal Secretary & Ors., Suo Motu Writ Petition No.2/2023 A division bench of Justices Gautam S Patel and Kamal Khata of the Bombay High Court has held that an …

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

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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. …

Students Not To Be Considered As Consumers: Delhi District Commission Dismisses Consumer Complaint
1 year, 2 months ago

Students Not To Be Considered As Consumers: Delhi District Commission Dismisses Consumer Complaint

Live Law  

The District Consumer Disputes Redressal Commission bench in Delhi, presided over by President Surinder Kumar Sharma and member Anil Kumar Bamba dismissed a consumer complaint filed against the Delhi Paramedical & Management Institute alleging deficiency on their part. While relying on a past decision of the NCDRC, the District Commission re-emphasized that educational institutions, particularly vocational institutes, were not service …

Removal Of Gall Bladder After Incorrect Diagnosis, NCDRC Orders Delhi Nursing Home, Bhatinda To Pay Rs. 3 Lakhs Compensation
1 year, 3 months ago

Removal Of Gall Bladder After Incorrect Diagnosis, NCDRC Orders Delhi Nursing Home, Bhatinda To Pay Rs. 3 Lakhs Compensation

Live Law  

Recently, the National Consumer Disputes Redressal Commission bench comprising of Subhash Chandra held a doctor at Delhi Nursing Home, Bathinda liable for negligence when a patient's gall bladder was wrongly removed during laparoscopic surgery without her consent. In 2012, the patient and her husband returned to the same nursing home, and the doctor recommended an emergency operation to remove gallbladder …

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 …

NCDRC Upholds Rs. 10 Lakh Compensation To Diabetes Patient Whose Fingers Were Amputated After Hospital Tied Her To Bed Overnight
1 year, 10 months ago

NCDRC Upholds Rs. 10 Lakh Compensation To Diabetes Patient Whose Fingers Were Amputated After Hospital Tied Her To Bed Overnight

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The National Consumer Disputes Redressal Commission on Friday upheld the order of Delhi State Commission awarding Rs. 10 Lakhs compensation to a diabetes patient whose fingers were amputated after the hospital tied her to a bed overnight. The NCDRC noted that in the instant case, the husband of the complainant patient had lost confidence on OP hospital and had taken …

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

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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 …

Supreme Court Sets Aside NCDRC Order Awarding Compensation To Woman Who Gave Birth Despite Undergoing Tubectomy Surgery
2 years, 3 months ago

Supreme Court Sets Aside NCDRC Order Awarding Compensation To Woman Who Gave Birth Despite Undergoing Tubectomy Surgery

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The Supreme Court set aside an NCDRC order that directed a hospital to pay compensation to a woman who delivered a child despite undergoing tubectomy procedure.In this case, a woman underwent tubectomy procedure twice, though both the procedures remained unsuccessful. The Supreme Court set aside an NCDRC order that directed a hospital to pay compensation to a woman who delivered …

Every Death In Hospital Does Not Amount To Medical Negligence : Supreme Court
2 years, 3 months ago

Every Death In Hospital Does Not Amount To Medical Negligence : Supreme Court

Live Law  

The Supreme Court recently upheld an order passed by the National Consumer Dispute Redressal Commission observing that, "every death in an institutionalized environment of a hospital does not necessarily amount to medical negligence on a hypothetical assumption of lack of due medical care." B. Pardiwala was hearing a civil appeal assailing a judgment and order passed by the NCDRC by …

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 …

'Prime Duty of Hospitals is to Help Patients': NCDRC Asks Vellore Facility to Pay Rs 25 Lakhs as Compensation
4 years, 3 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 …

Hospitals Which Provide Free Services To Some Patients But Charge A Bulk Of Others Fall Under Consumer Protection Act: SC [Read Judgment]
4 years, 4 months ago

Hospitals Which Provide Free Services To Some Patients But Charge A Bulk Of Others Fall Under Consumer Protection Act: SC [Read Judgment]

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The Supreme Court has observed that it is only where a hospital provides medical services free of charge across the board to all patients that it would stand outside the purview of the Consumer Protection Act. A hospital which renders free services to a certain category of patients, while providing services which are charged to the bulk of others would …

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