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

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

Live Law  

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 and its 3 doctors for alleged medical negligence causing her pre-term twin delivery death of one of the twins. Observations of the Commission: The NCDRC perused the medical record and observed that when the cardiac defects and anatomical malformations in one of the twins was informed to the husband of the patient, instead of giving consent to the medication and treatment, the husband and his relatives started finding faults in the Opposing Party. In fact, gross medical negligence was established on the part of the patient’s husband who interfered in the treatment and even administered certain injections himself.

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History of this topic

Medical Negligence Not Established By Mere Assertion Of 'Expected Standard Of Care': Delhi High Court
3 months ago

Medical Negligence Not Established By Mere Assertion Of 'Expected Standard Of Care': Delhi High Court

Live Law  

The Delhi High Court has observed that medical negligence cannot be established by mere dissatisfaction or the assertion of an 'expected standard of care', rather it must be demonstrated that the doctor's conduct fell below the level of a reasonably competent practitioner in similar circumstances. Consequently, the proper criterion for determining medical negligence lies in assessing whether the actions of …

Medical Negligence: NCDRC Holds Doctors Of Fortis Hospital Liable
3 months ago

Medical Negligence: NCDRC Holds Doctors Of Fortis Hospital Liable

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra in an appeal by Fortis Hospital held that expert evidence in medical negligence cases should be judged on a case by case basis, placing the onus on the hospital to dispute allegations of negligence. Key elements are duty, breach, and damage.The Hon'ble Supreme Court in V. Kishan Rao vs. …

Doctor Not Liable For Negligence If Chosen Treatment Recognized As Sound Medical Practice: NCDRC
3 months, 1 week ago

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

Live Law  

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 …

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

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

Live Law  

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 …

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

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

Live Law  

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
10 months ago

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

Live Law  

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 …

Simply Because Patient Didn't Respond Favourably To Treatment Or Surgery Failed, Doctor Cannot Be Held Negligent: Kerala High Court
2 years, 1 month ago

Simply Because Patient Didn't Respond Favourably To Treatment Or Surgery Failed, Doctor Cannot Be Held Negligent: Kerala High Court

Live Law  

The Kerala High court on Thursday observed that a mere deviation from normal professional practice or an accident or untoward incident is not enough to prove medical negligence. The doctors, gynaecologist and nurses involved in the incident were booked for medical negligence and convicted, following which the criminal appeal was filed before the High Court. There must be sufficient evidence …

Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery: Supreme Court
3 years, 6 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 …

Medical Negligence - A Doctor Is Vicariously Liable For Acts Of Team Members : NCDRC [Read Order]
5 years, 9 months ago

Medical Negligence - A Doctor Is Vicariously Liable For Acts Of Team Members : NCDRC [Read Order]

Live Law  

A doctor is vicariously liable for the negligence committed by members of his team which was assisting in the treatment, held the National Consumer Disputes Redressal Commission while dismissing an appeal.The case was regarding the death of a three year old child named Arshiyai in 2004, while she was undergoing treatment for cancer at Mohan Dai Owal Cancer Treatment and …

'Wrong Diagnosis' Does Not Amount To Medical Negligence: SC [Read Judgment]
6 years, 1 month ago

'Wrong Diagnosis' Does Not Amount To Medical Negligence: SC [Read Judgment]

Live Law  

The Supreme Court, on Monday, dismissed the appeal filed by a man against order of National Consumer Disputes Redressal Commission which dismissed his complaint alleging medical negligence on the part of a hospital in the death of his wife. We have sympathy for the appellant, but sympathy cannot translate into a legal remedy, said the bench comprising of Justice L. …

Doctors Can’t Be Prosecuted For Medical Negligence Merely For Not Delivering ‘Assurances’: Allahabad HC [Read Judgment]
7 years, 9 months ago

Doctors Can’t Be Prosecuted For Medical Negligence Merely For Not Delivering ‘Assurances’: Allahabad HC [Read Judgment]

Live Law  

Can a doctor be prosecuted for criminal negligence merely because he/she failed to deliver on the assurances given to the patient? No, said the Allahabad High Court in Dr Meera Malik vs State of UP, while quashing a complaint against a surgeon.It was alleged in the complaint that on the assurance of the surgeon that everything would be normal, consent …

Doctors Can’t Be Prosecuted For Medical Negligence Merely For Not Delivering ‘Assurances’: Allahabad HC [Read Judgment]
7 years, 9 months ago

Doctors Can’t Be Prosecuted For Medical Negligence Merely For Not Delivering ‘Assurances’: Allahabad HC [Read Judgment]

Live Law  

Can a doctor be prosecuted for criminal negligence merely because he/she failed to deliver on the assurances given to the patient? No, said the Allahabad High Court in Dr Meera Malik vs State of UP, while quashing a complaint against a surgeon.It was alleged in the complaint that on the assurance of the surgeon that everything would be normal, consent …

‘Error Of Judgment’ By Doctor Is Not Criminal Negligence: SC [Read Judgment]
7 years, 11 months ago

‘Error Of Judgment’ By Doctor Is Not Criminal Negligence: SC [Read Judgment]

Live Law  

The allegation against the doctor was that after having called for a physician, she did not wait in the hospital and did not attend upon the patient.Quashing a criminal case lodged against a doctor, the Supreme Court has held that an ‘error in judgment’ by a doctor does not make him guilty of criminal negligence under Section 304-A IPC.The allegation …

Careless or callous? The cost of medical negligence
8 years, 4 months ago

Careless or callous? The cost of medical negligence

Hindustan Times  

Early morning on February 3, Inder Kumar Gupta found his wife Manju on the bathroom floor. I cannot bear to see her agony,” says Gupta who has filed a complaint of negligence with the Delhi Medical Council. Cases that constitute medical negligence if: There is damage to organs due to negligence A wrong course of treatment prescribed because of wrong …

Doctors must be dealt with strictly for medical negligence: SC
11 years, 5 months ago

Doctors must be dealt with strictly for medical negligence: SC

India TV News  

New Delhi: Doctors and medical establishments must be dealt with strictly for their negligence in giving treatment to patients, the Supreme Court today held and asked the government to enact laws for effective functioning of the private hospitals and nursing homes. “The doctors, hospitals, the nursing homes and other connected establishments are to be dealt with strictly if they are …

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