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“Falsification of records is an extremely serious matter. It partakes of crime and is coloured by criminal intent. Where the falsification takes place in connection with treatment of a patient, especially where the patient is dead, the seriousness of the misdemeanor increases manifold.”
While deciding upon the complaint, the NCDRC also made important observations on ethical questions surrounding Assisted Reproductive Techniques and urged the Government to bring out necessary regulations for safe ART procedures.
The Commission was deciding a case where the complainant (who was a medical professional himself) had accused the opposite parties of medical negligence after his son died due to cardiac arrest after getting operated for disfigurement of eye.
NCDRC conveyed that “We have deep sympathies with the death of Justice Verma, but it cannot be ground for liability.”
“It is for the Doctors to take a decision and continue the treatment by following the medical protocol. Contrarily, High Court cannot interfere with the opinions of the medical expert by acting as an expert body which is not desirable, and it will lead to excess exercise of powers of judicial review conferred under Article 226 of the Constitution”
While dealing with the challenge against the order of SCDRC, the NCDRC found that the hospital made every possible attempt during medical complications after a successful surgery.
Madras High Court said that the people of the country who co-operate by offering themselves voluntarily for sterilization reasonably expect that after undergoing the operation, they would be able to avoid further pregnancy and consequent birth of additional child.
Accepting the exceptionally challenging nature of treatment of high voltage burns, NCDRC held the doctor liable to the extent of performing LD Flap surgery, otherwise recommended to be performed by plastic surgeons.
A quick legal roundup to cover important stories from all High Courts in February 2023
NHRC had refused to interfere with the instant case of medical negligence, while SHRC issued certain directions. The High Court also did not find anything wrong with the directions of SHRC, hence, the petitioner approached the Supreme Court in the present matter.
While dealing with a challenge against the order of the State Commission, Delhi, the National Consumer Dispute Redressal Commission found the same reasoned, and the compensation to be just and adequate, thereby dismissing both the appeals.
In a medical negligence case, the Tis Hazari Court held that since there was no justifiable reason to assume that the doctor committed any offence into the allegations made by the complainant, no FIR could be registered on the whims and fancies of the complainant guided by unfounded and unsubstantiated assumptions only to satisfy his discontentment with the treatment of his child.
Kerala High Court acquitted the medical staff convicted by the Trial Court in medical negligence case and held that sufficient evidence is needed to prove death due to medical negligence, and that a medical professional cannot be held liable for mischance or misfortune.
When the public officials have committed an act of negligence, lapses or dereliction of duty, the financial loss caused to the State exchequer are to be recovered from such public servants, who are responsible and accountable for the financial losses.
Human life is most precious; therefore, it is extremely difficult to decide on the quantum of compensation in medical negligence cases, it is highly subjective in nature.
Karnataka High Court: While deciding the instant petition for quashment of complaint, the Bench of Suraj Govindaraj, J., held that in the
In this Episode, Prachi Bhardwaj breaks down some important legal updates from around the World, covering SCOTUS’s decision on American women’s right to abortion, Supreme Court of India’s dismissal of plea challenging clean chit to Prime Minister Narendra Modi and more.
“No amount of money can turn back the time and reverse the harm already done, but receiving compensation for unnecessary surgery or surgical errors can at least help the patient to overcome some of the challenges that lie ahead”
National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a medical negligence case, the Coram of Dr S.M. Kantikar (Presiding Member)
National Consumer Disputes Redressal Commission (NCDRC): After forceps delivery, a woman lost her control over passing urine and stool due to the