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Case Brief:
A woman, K. Sreelatha, gave birth via forceps-assisted delivery at Dr. P. Yashodhara’s hospital in Nellore, Andhra Pradesh. The baby suffered scalp crush injuries, necrotizing fasciitis, and brain damage allegedly due to negligent handling. Despite the mother’s request for a C-section due to the baby’s size, the doctor insisted on forceps delivery. The child required prolonged treatment at CHILDS Trust Hospital in Chennai, incurring significant medical costs.
Court’s Order Summary:
The National Consumer Disputes Redressal Commission (NCDRC) affirmed medical negligence but reduced the compensation awarded by the State Commission. The doctor...
In a landmark judgment, the Supreme Court of India has held that a complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 qualifies as a ‘victim’ under Section 2(wa) of the Code of Criminal Procedure (CrPC). This recognition grants such complainants the right to appeal against an acquittal without seeking special leave under Section 378(4) CrPC, by invoking the proviso to Section 372 CrPC directly.
The case arose after the Madras High Court denied leave to appeal an acquittal in a cheque bounce...
In the case of Ramesh Kumar Yadav v. Ruban Memorial Hospital & Dr. Singh, the District Consumer Disputes Redressal Commission, Patna, awarded ₹35 lakh as compensation and ₹1 lakh as litigation costs to the complainant. The patient underwent a Percutaneous Nephrolithotomy (PCNL) surgery in 2012, during which two ureteric stents were inserted. However, the right-sided stent was negligently left inside the body, causing serious medical complications.
Despite repeated follow-ups, the stent was not removed, and the doctor later demanded ₹70,000 for its removal. This negligence led the patient to...
The Karnataka High Court recently quashed a medical negligence case against three doctors, citing the absence of an expert medical opinion to substantiate the charges. The case originated from a 2014 complaint alleging that the doctors failed to adhere to standard protocols while treating a pregnant woman at Vivekananda Maternity Hospital.
On June 28, 2023, Justice Sachin Shankar Magadum ruled that the police had filed...
The Supreme Court held that charging Dr. Mohan under Section 304 Part I IPC (culpable homicide not amounting to murder) for a patient’s death caused after a nurse administered an injection based on his telephonic instructions was legally unsustainable. Instead, the Court ruled that the matter constituted medical negligence, if anything, and should be tried under Section 304A IPC (causing death by negligence).
Key Points:
No intent or knowledge was established to justify a culpable homicide charge.
Kumari Kritika developed swelling in her right eye and visited Dr. Harish Gupta (OP-1) in 2014. Dr. Gupta referred her to Dr. S.D. Tayal (OP-2), who prescribed Pred-Forte eye drops. Her vision deteriorated over time, and she was later diagnosed with cataracts attributed to prolonged use of Pred-Forte. She alleged medical negligence and filed a complaint
District Forum:
➔ Dismissed the complaint, holding no negligence proven against the doctors.
➔ Found no expert evidence and observed that the patient didn’t follow up as instructed.
State Commission (Appeal):
➔ Allowed the appeal partially.
The Supreme Court's judgment in Vinod Jain v. Santokba Durlabhji Memorial Hospital & Anr. (Civil Appeal No. 2024 of 2019, decided on February 25, 2019) provides a significant interpretation of medical negligence under Indian law. The bench, comprising Justices L. Nageswara Rao and Sanjay Kishan Kaul, upheld the National Consumer Disputes Redressal Commission's (NCDRC) decision, emphasizing that a wrong diagnosis, in itself, does not constitute medical negligence.
Background of the...
"We, therefore, direct that whenever a complaint is received against a doctor or hospital by the Consumer Fora (whether District, State or National) or by the Criminal Court, then before issuing notice to the doctor or hospital against whom the complaint is made, the Consumer Forum or Criminal Court should first refer the matter to a competent doctor or a committee of doctors specialized in the field relating to which the medical negligence is attributed.
— Martin F. D’Souza v. Mohd. Ishfaq, (2009)...
The patient, Srimoyee Basu, had been experiencing swelling in her right gluteal region since 2000. Initially diagnosed as neurofibroma, the condition was later identified as an arteriovenous malformation (AVM) in 2014. Dr. Chatterjee recommended a vascular embolization procedure, which was performed on September 16, 2015, at Nightingale Hospital. During the procedure, a small amount of N-Butyl...
The Andhra Pradesh High Court has held that an award rendered by a Lok Adalat in a criminal proceeding pertaining to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act is amenable to execution before a civil court, by virtue...
The complainant's father consulted the opposite party, a doctor, for treatment of his daughter’s mildly protruding and uneven upper teeth. It was only later that he realized such cases fall under the expertise of orthodontists. Although not qualified as an orthodontist, the doctor initiated the treatment without adhering to the standard protocols required for teeth alignment. The complainant contended that a referral to an orthodontic specialist should have been made, as such professionals typically carry out a detailed diagnostic process, including x-rays and dental impressions, before starting any treatment. A complaint was lodged with the District Commission, which ruled in...
Supreme Court’s Findings:
Case Brief:
A woman, K. Sreelatha, gave birth via forceps-assisted delivery at Dr. P. Yashodhara’s hospital in Nellore, Andhra Pradesh. The baby suffered scalp crush injuries, necrotizing fasciitis, and brain damage allegedly due to negligent handling. Despite the mother’s request for a C-section due to the baby’s size, the doctor insisted on forceps delivery. The child required prolonged treatment at CHILDS Trust Hospital in Chennai, incurring significant medical costs.
Court’s Order Summary:
The National Consumer Disputes Redressal Commission (NCDRC) affirmed medical negligence but reduced the compensation awarded by the State Commission. The doctor...
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