2024 SCC Vol. 2 Part 2
Constitution of India — Arts. 136 and 142 — Uncompoundable offences: Quashing of criminal proceedings on basis of compromise petition, when permissible,
medical negligence
Calcutta High Court sets aside medical negligence charges on finding ‘palpable wrongs in the adjudication process’
The Calcutta High Court observed that the benchmark for determining negligence in professional cases is the ‘reasonable standard’, fixed by the law of averages.
Why DCDRC found Cloud Nine Hospital to be guilty of severe deficiency in service while conducting a Code Pink Mock Drill for infant abduction?
DCDRC was of the view that the manner of conducting the mock drill by the hospital was not only a severe deficiency in service but also as an extreme type of unfair trade practice.
After surgery in 1991, woman suffering for 12 years finds nut-bolt inside body; NCDRC upholds compensation of Rs 13.77 lakhs
The opposite parties denied her admission or operation in the clinic and also refuted the removal of rusted nut and bolt by claiming that they ought to be stainless steel material for medical use.
Strong incriminating evidence required for application of Res Ipsa Loquitor doctrine; SC upholds NCDRC order denying medical negligence
“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”
Bengaluru DCDRC dismisses medical negligence case against Apollo Hospitals due to absence of necessary party and related documentary evidence
The Commission stated that the treating doctor is the best judge in a case where multiple options/ tests are available in respect of a particular ailment.
SC orders IAF, Army to pay Rs. 1.55 Crore to Veteran infected with HIV after blood transfusion at Military hospital; Centre and States to issue HIV/AIDS guidelines, welfare schemes
The Supreme Court held that the IAF and the Indian Army were vicariously liable, jointly and severally, as the former was Veteran’s immediate employer and the latter was the organization controlling and in charge of the Military Hospital
Supreme Court upholds NCDRC order denying compensation to complainant who failed to establish Engerix-B vaccine as cause for his ‘myositis’
Supreme Court said that the burden was on the appellant more particularly in a circumstance when all the family members had got administered the same vaccination from the same source and the appellant himself did not undergo any difficulty when the first two doses were administered.
Delhi High Court issues directions to avoid medical negligence during MTP procedure in sexual assault survivors; Refuses bail
“When a minor seeks a medical termination of pregnancy, doctors must ensure that the process is conducted in compliance with the prevailing laws and regulations, with utmost sensitivity to the minor’s age and maturity level.”
NCDRC upholds Telangana SCDRC order fastening vicarious liability on hospital in medical negligence case
A consumer complaint was filed before the TSCDRC alleging deficiency of service/medical negligence on part of the staff performing surgery, seeking compensation of Rs 40 lakhs.
‘Order punishing doctor for falsification of record must be precise and exact’; Delhi High Court sets aside order by Medical Council
“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.”
NCDRC imposes a penalty of INR 1.5 crores against a hospital responsible for tragic mix-up of a sperm sample used during Intra-CytoplasmicSperm injection
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.
No sensible medical professional would intentionally harm or injure a patient, as their professional reputation would be at stake: NCDRC dismisses complaint against medical professionals
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.
Know why NCDRC rejected claim of medical negligence in Justice Verma’s death
NCDRC conveyed that “We have deep sympathies with the death of Justice Verma, but it cannot be ground for liability.”
[Medical Negligence] ‘High Court cannot act as an expert body with reference to medical terminology’; Madras High Court dismisses petition seeking compensation
“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”
NCDRC | Hospital wins medical negligence case, but pays compensation on humanitarian grounds
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 grants Rs. 3 lakhs compensation to a woman for failed Puerperal Sterilization operation
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.
NCDRC allows Rs 20 lakhs compensation to patient suffering 80% disability; reiterates doctor’s legal obligations to patients
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.
HIGH COURT FEBRUARY 2023 ROUNDUP| 100+ Stories on Agnipath Scheme; Google LLC’s download warning; Medical Negligence; Money laundering; Reservation; and more
A quick legal roundup to cover important stories from all High Courts in February 2023
Supreme Court to examine scope of SHRC’s power to examine a medical negligence case dismissed by NHRC
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.