Medically Justified Alternative Procedure with Consent Not an Offence: Supreme Court Quashes Criminal Case Against Surgeon in Pediatric Orchidectomy Case
“The operating surgeon is the best judge of which one of the two procedures is to be adopted.”
medical negligence
Mere dissatisfaction with staff behaviour not a ground for transfer to private hospital: Delhi HC rejects prisoner’s transfer plea
“In the interest of justice, the Court directed that the petitioner be produced, on one specified date, in the next week, before the concerned doctors of the Endocrinology and Neurology Departments at Apollo Hospital for the limited purpose of obtaining a second medical opinion.”
Stem cell therapy for Autism cannot be offered as routine/commercial clinical treatment: Supreme Court
“Every medical practitioner owes to his patient a duty to exercise a reasonable degree of care, skill, and knowledge expected of a prudent practitioner in the same field.”
HIGH COURT WEEKLY ROUNDUP 2026 [19-25 Jan] | Bar Association Not ‘State’; Forcing an arrestee to strip; “AKASA AIR” trademark misused; Manish Sisodia’s 2020 Patparganj Assembly Win; and more
A quick legal roundup to cover important stories from all High Courts this week.
NHRC takes suo motu cognizance of reported death of woman due to malfunctioning lift at Jammu-based Super Specialty Hospital
The NHRC sought detailed report from the Chief Secretary and Director General of Police, Jammu and Kashmir, within two weeks.
Rajasthan High Court upholds prosecution against anaesthetist posing as gynaecologist for medical negligence and cheating
“It is settled proposition of law that FIR is not an encyclopaedia and should be read with the material collected by the investigating agency during investigation.”
NCDRC cannot travel beyond pleadings and build a new case: Supreme Court sets aside order in medical negligence case; directs Rs 10 lakh refund to doctor
The complaint case categorically asserted that the nursing home was ‘inadequately and ill equipped’ to handle emergencies during deliveries. There were no allegations that the antenatal care and management of Obstetrician/Gynaecologist, were deficient in any manner.
S. 304-A IPC attracted only when death is direct or proximate result of doctor’s rash or negligent act: Kerala HC
“While negligence was an omission to do something which a reasonable man would do, or the doing of something which a prudent and reasonable man would not do, medical negligence occurred when a healthcare professional breached his duty of care, causing harm to a patient.”
‘Private hospitals treat patients as guinea pig/ATM machines’; Allahabad HC refuses to quash summons in medical negligence case
“This is a case of pure misadventure where the doctor has admitted the patient and after taking go ahead for operation from the patient’s family members, did not perform the operation in time as he was not having the requisite doctor (i.e. anaesthetist) to perform the surgery.”
Know Thy Judge | From Student Union to the Supreme Court: Justice Aravind Kumar’s dynamic journey & important judgments
Prior to his elevation to the Supreme Court, as Chief Justice of Gujarat High Court, Justice Aravind Kumar, initiated steps to tackle pendency of cases and initiated conversion of roadways buses into schools for poor children.
Know Thy Judge | Supreme Court of India: Justice Pankaj Mithal’s tryst with law and notable judgments
Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal began his career in law in the 1980s and subsequently went on to become Chief Justice of High Courts of J&K and Ladakh and Rajasthan.
Kerala High Court allows reopening of Cosmetiq Hospital after closure over alleged medical negligence in Liposuction Case
Kerala High Court permitted the petitioner to conduct the hospital strictly in accordance with the provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, and the conditions stipulated in the licences and permissions obtained.
‘Was only present during operation as team member’; Inside Patna HC’s order quashing 22-year-old medical negligence case against a female gynaecologist
The Patna High Court relying upon the Supreme Court’s decisions in Debendra Nath Padhi, (2005) 1 SCC 568 and Bhajan Lal, 1992 Supp (1) SCC 335, acquitted the female gynaecologist in the alleged kidney removal during surgery medical negligence case.
CRIMINAL LAW ROUNDUP: A quick recap of the Latest Criminal Law cases from May 2025
This roundup offers a concise overview of the latest criminal law cases from May 2025, featuring key rulings from the Supreme Court and various High Courts.
HIGH COURT MAY 2025 WEEKLY ROUNDUP | Stories on OYO v. Zostel; Arjun Rampal’s Tax Evasion; Kota Student’s Suicide; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘For every mishap or death during treatment, Doctor cannot be punished’; Kerala HC quashes medical negligence case
The Court clarified that only in cases involving a gross lack of competence, inaction, or a wanton disregard for the patient’s safety, stemming from gross ignorance or gross negligence, can a doctor be made to face criminal charges.
‘Doctors have no incentive to willfully endanger life in trust-driven healthcare ecosystem’; Rajasthan High Court quashes FIR alleging Medical Negligence
“The solemn obligation of the legal system is to distinguish between misfortune and culpability, and to ensure that human suffering, however profound, does not substitute for proof required under the law.”
Delhi High Court dismisses petition alleging medical negligence and misconduct against doctors at Max Super Speciality Hospital
“While it is acknowledged that doctors are expected to apply a reasonable level of expertise and exercise due diligence in their practices, their conduct must not be judged against preconceived notions of a specific procedure or outcome.”
Post-surgery deterioration not automatically indicative of medical negligence; Supreme Court overturns NCDRC order
“When reasonable care, expected of the medical professional, is extended or rendered to the patient unless the contrary is proved, it would not be a case for actionable negligence.”
Medical practitioners to be protected from frivolous and unjust prosecution, particularly which are for extracting unjust compensation: Bombay HC
The report submitted by the Committee nowhere suggests that prescription of irrational combination of medicines by applicant is responsible for brain hemorrhage and consequential death of complainant’s wife.