Medical Negligence

Supreme Court Dismisses Medical Negligence Claim in Kidney Transplant Case: Chanda Rani Akhouri vs. M.A. Methusethupathi (2022)

/ Abhay S. Oka, Ajay Rastogi, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 23, Judges, Medical Negligence, Transplantation of Human Organs and Tissues Act, 1994, Transplantation of Human Organs and Tissues Act, 1994 with Section 14

Supreme Court Dismisses Medical Negligence Claim in Kidney Transplant Case: Chanda Rani Akhouri vs. M.A. Methusethupathi (2022) LEGAL ISSUE: Whether post-operative medical negligence occurred during follow-up care after a kidney transplant, leading to the patient’s death. CASE TYPE: Consumer Protection/Medical Negligence Case Name: Dr. (Mrs.) Chanda Rani Akhouri & Ors. vs. Dr. M.A. Methusethupathi & […]

Supreme Court Dismisses Medical Negligence Claim in Kidney Transplant Case: Chanda Rani Akhouri vs. M.A. Methusethupathi (2022) Read Post »

Supreme Court overturns medical negligence ruling in Bombay Hospital case: Bombay Hospital & Medical Research Centre vs. Asha Jaiswal & Ors. (30 November 2021)

/ Consumer Disputes Redressal, Consumer Protection, Consumer Rights, Hemant Gupta, Judges, Medical Malpractice, Medical Negligence, Res Ipsa Loquitur, Standard of Care, V. Ramasubramanian

Supreme Court overturns medical negligence ruling in Bombay Hospital case LEGAL ISSUE: Whether the principle of res ipsa loquitur can be applied to establish medical negligence in cases where the patient’s condition deteriorates despite treatment. CASE TYPE: Consumer Protection/Medical Negligence Case Name: Bombay Hospital & Medical Research Centre vs. Asha Jaiswal & Ors. [Judgment Date]:

Supreme Court overturns medical negligence ruling in Bombay Hospital case: Bombay Hospital & Medical Research Centre vs. Asha Jaiswal & Ors. (30 November 2021) Read Post »

Supreme Court overturns medical negligence ruling in Dr. Harish Kumar Khurana vs. Joginder Singh & Ors. (2021)

/ A.S. Bopanna, Consumer Disputes, Consumer Protection, Consumer Protection with Compensation, Hemant Gupta, Judges, Medical Negligence, Res Ipsa Loquitur, Standard of Care

Supreme Court overturns medical negligence ruling in Dr. Harish Kumar Khurana vs. Joginder Singh & Ors. (2021) LEGAL ISSUE: Whether the death of a patient during a medical procedure automatically implies medical negligence on the part of the doctors and hospital. CASE TYPE: Medical Negligence, Consumer Case Name: Dr. Harish Kumar Khurana vs. Joginder Singh

Supreme Court overturns medical negligence ruling in Dr. Harish Kumar Khurana vs. Joginder Singh & Ors. (2021) Read Post »

Supreme Court clarifies Consumer Protection Act applicability to hospitals providing free services: Union of India vs. N K Srivastava (2020)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(o), Dhananjaya Y Chandrachud, Indu Malhotra, Judges, K M Joseph, Medical Negligence

Supreme Court clarifies Consumer Protection Act applicability to hospitals providing free services: Union of India vs. N K Srivastava (2020) LEGAL ISSUE: Whether hospitals providing some free services fall under the purview of the Consumer Protection Act, 1986. CASE TYPE: Consumer Law Case Name: Union of India & Anr vs. N K Srivasta & Ors

Supreme Court clarifies Consumer Protection Act applicability to hospitals providing free services: Union of India vs. N K Srivastava (2020) Read Post »

Supreme Court Holds Surgeon Negligent for Operating with Low Platelet Count: Nand Kishore Prasad vs. Dr. Mohib Hamidi (2019)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(o), Consumer Rights, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Medical Negligence

Supreme Court Holds Surgeon Negligent for Operating with Low Platelet Count: Nand Kishore Prasad vs. Dr. Mohib Hamidi (2019) LEGAL ISSUE: Whether a surgeon was negligent in operating on a patient with a low platelet count. CASE TYPE: Medical Negligence under Consumer Law Case Name: Nand Kishore Prasad vs. Dr. Mohib Hamidi & Others Judgment

Supreme Court Holds Surgeon Negligent for Operating with Low Platelet Count: Nand Kishore Prasad vs. Dr. Mohib Hamidi (2019) Read Post »

Supreme Court enhances compensation for medical negligence in amputation case: Shoda Devi vs. DDU/Ripon Hospital (2019) INSC 182 (7 March 2019)

/ Abhay Manohar Sapre, Compensation, Consumer Law, Dinesh Maheshwari, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 338, Judges, Medical Negligence, Offences Against Human Body

Supreme Court enhances compensation for medical negligence leading to amputation Date of the Judgment: 7 March 2019 Citation: (2019) INSC 182 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a hospital be held liable for medical negligence if a patient suffers severe complications after a minor surgery? The Supreme Court of India addressed this

Supreme Court enhances compensation for medical negligence in amputation case: Shoda Devi vs. DDU/Ripon Hospital (2019) INSC 182 (7 March 2019) Read Post »

Supreme Court Upholds No Medical Negligence in Patient’s Death: Vinod Jain vs. Santokba Durlabhji Memorial Hospital (2019)

/ Consumer Law, Consumer Protection Act, Duty of Care, Judges, L. Nageswara Rao, Medical Law, Medical Negligence, Sanjay Kishan Kaul

Supreme Court Upholds No Medical Negligence in Patient’s Death: Vinod Jain vs. Santokba Durlabhji Memorial Hospital (2019) LEGAL ISSUE: Whether the hospital and doctor were negligent in the treatment of the patient, leading to her death. CASE TYPE: Consumer Case Name: Vinod Jain vs. Santokba Durlabhji Memorial Hospital & Anr. Judgment Date: 25 February 2019

Supreme Court Upholds No Medical Negligence in Patient’s Death: Vinod Jain vs. Santokba Durlabhji Memorial Hospital (2019) Read Post »

Medical Negligence: Supreme Court holds Hospital Liable for Lack of Monitoring in Dengue Treatment (9 January 2019)

/ Consumer Law, Consumer Protection Act, 1986, Dhananjaya Y Chandrachud, Hemant Gupta, Judges, Medical Guidelines, Medical Law, Medical Negligence, Standard of Care

Supreme Court Holds Hospital Negligent for Lack of Monitoring in Dengue Case Date of the Judgment: 9 January 2019 Citation: Civil Appeal Nos. 227-228 of 2019 (@SLP (C) Nos. 30119-30120 of 2016) Judges: Dr. Dhananjaya Y Chandrachud, J. and Hemant Gupta, J. Can a hospital be held liable for negligence if it fails to adequately

Medical Negligence: Supreme Court holds Hospital Liable for Lack of Monitoring in Dengue Treatment (9 January 2019) Read Post »

Supreme Court clarifies medical negligence standards in surgery: Dr. S.K. Jhunjhunwala vs. Mrs. Dhanwanti Kaur (2018)

/ Abhay Manohar Sapre, Bolam Test, Consent in Medical Procedures, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 10, Judges, Medical Law, Medical Negligence, Standard of Care, Vineet Saran

Supreme Court clarifies medical negligence standards in surgery: Dr. S.K. Jhunjhunwala vs. Mrs. Dhanwanti Kaur (2018) LEGAL ISSUE: Determining the standard of care for medical professionals and whether a doctor was negligent in performing a surgery. CASE TYPE: Consumer Protection Case Name: Dr. S.K. Jhunjhunwala vs. Mrs. Dhanwanti Kaur & Anr. [Judgment Date]: October 01,

Supreme Court clarifies medical negligence standards in surgery: Dr. S.K. Jhunjhunwala vs. Mrs. Dhanwanti Kaur (2018) Read Post »

Supreme Court Holds Nursing Home Liable for Lack of ICU in Medical Negligence Case: Bijoy Sinha Roy (D) vs. Biswanath Das & Ors. (2017) INSC 739 (30 August 2017)

/ Adarsh Kumar Goel, Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 24B, ICU Facilities, Judges, Medical Infrastructure, Medical Law, Medical Negligence, Uday Umesh Lalit

Date of the Judgment: 30 August 2017 Citation: (2017) INSC 739 Judges: Adarsh Kumar Goel, J. and Uday Umesh Lalit, J. Can a hospital be held liable for medical negligence if it performs surgery without adequate post-operative care facilities? The Supreme Court of India addressed this critical question in a case concerning the death of

Supreme Court Holds Nursing Home Liable for Lack of ICU in Medical Negligence Case: Bijoy Sinha Roy (D) vs. Biswanath Das & Ors. (2017) INSC 739 (30 August 2017) Read Post »

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