The Supreme Court held that legal heirs of a doctor accused of medical negligence may be impleaded and proceeded against even after the doctor’s death. The court settled the decades-old legal dispute.
Today, On 9th February, The Supreme Court declined to cancel the bail of a Gujarat cardiologist accused of performing unnecessary and botched PMJAY angioplasties that led to two deaths. The bench told the state, “He is a doctor, Let Him Serve.”
The Delhi High Court quashed the FIR against a private hospital and a doctor in a medical negligence case, holding that the surgical mop left during a C-section was unintentional and bereft of the necessary mens rea to face criminal trial.
A Navi Mumbai man alleges medical negligence, claiming he lost his vision after a doctor operated despite high sugar levels. FIR filed highlights gaps in medical negligence laws in India.
Dr Lal Pathlabs has been found guilty of medical negligence after incorrectly reporting a patient’s urea levels, which led to unnecessary hospitalization and distress. The Delhi State Consumer Disputes Redressal Commission upheld a previous ruling and compensation of ₹3.5 lakh, emphasizing that labs cannot evade responsibility for such errors.
A tragic incident occurred at Rajiv Gandhi National University of Law, Patiala, where final year student Udita died after alleged delays in medical help. Students reported inadequate emergency response from the university, raising concerns about health services. The university has suspended academic activities and faced criticism for its preparedness in medical emergencies.
The Kerala High Court dismissed the criminal case against Dr. Joseph John, emphasizing that patient deaths do not always indicate medical negligence. The court underscored the necessity of proof of gross negligence for criminal liability, reinforcing that doctors should not be unjustly blamed for outcomes resulting from the nature of the ailments.
The Delhi High Court rejected a man’s plea seeking action against doctors over his wife’s death and said medical negligence was not merely established by dissatisfaction towards an expected standard of care. Justice Sanjeev Narula, in his December 20 verdict, said doctors should not be constrained either by the expectations or timelines set by the patient’s family.
The Kerala High Court, led by Justice PV Kunhikrishnan, ruled that nurses should not be routinely arrested for medical negligence without essential evidence. The Court emphasized the need for societal and governmental support to protect nurses, who are critical in healthcare, ensuring they receive the same legal safeguards as doctors.
A proposed law in India sparked protests from the medical community, particularly on National Doctor’s Day. The Bharatiya Nyaya Sanhita introduces harsher penalties for medical negligence, including fines and a mandatory five-year jail term. Doctors fear the law will hinder emergency care and lead to unnecessary litigation, impacting patient welfare and medical practice.
