Court says "consider the circumstances, the place and availability of the specialist or consultant in that area during the prevailing time" – A surgeon held not negligent for performing hysterectomy
16MLCD (j401)
Purushottam Pareek & Anr. v/s Dr. Govind S. Dhavale & Ors.
National Consumer Disputes Redressal Commission, New Delhi
Failure of surgeon to take extra care by keeping a physician present during surgery of an asthmatic patient is not criminal medical negligence – Gujarat High Court
17MLCD (j311)
Vinodkumar Chandanlal Gautam v/s The State of Gujarat & Anr.
Supreme Court refuses to apply ‘multiplier method’ for compensation in medical negligence cases observing “whatsoever is awarded is a matter of solace”
18MLCD (j166)
D. C. Malviya (Since Deceased) Thr. Lrs. v/s Dr. A. H. Memon (Since Deceased) Thr. Lrs. And Ors.
‘Expected Complications’ as a defence – Whether appropriate steps to prevent / recognise / manage complications were taken by the doctor will be taken into account by courts
15MLCD (j191)
Shreya Nimonkar v/s Dr. Seema Shanbhag & Anr.
Maharashtra State Consumer Disputes Redressal Commission, Mumbai
Hospital held negligent for failure to provide care to a critical patient who could not pay advance / deposit due to demonetization – Bank absolved, although sued by patients family
16MLCD (j44)
The Corporate Hospital v/s Preet Deva & Ors.
Punjab State Consumer Disputes Redressal Commission, Chandigarh