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Bombay High Court Partly Allows Criminal Application in Medical Negligence Case, Upholds Quashing of Process Against Doctor. Court directs Magistrate to obtain expert committee report before proceeding under Section 304A IPC.

The applicant, Smt. Nirmalaben w/o Narayanbhai Parmar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, aggriev...

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Bombay High Court Allows Joint Application to Quash Criminal Proceedings in Medical Negligence Case Based on Compromise. Section 304-A IPC proceedings quashed under Section 482 CrPC as parties settled amicably and continuation would be futile.

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973 filed jointly by the accused (applicant No.1, Dr. S...

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Bombay High Court Dismisses State's Appeal Against Acquittal of Doctors in Medical Negligence Case. Prosecution Failed to Prove Gross Negligence or Culpable Homicide Under Sections 304, 304-A, 201, 176, 314, 197 r/w 34 IPC and Section 33(2) of Maharashtra Medical Practitioners Act, 1961.

The State of Maharashtra filed an appeal against the judgment and order dated 22nd November 2000 passed by the learned Additional Sessions Judge, Male...

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Bombay High Court Quashes Disciplinary Proceedings Against Retired Professor Due to Inordinate Delay and Prior Exoneration by Medical Council. Disciplinary proceedings initiated ten years after incident and two years after retirement quashed as charges not proved and delay caused prejudice.

The petitioner, Dr. Dilip Amonkar, a former Professor and Head of the Department of Surgery at Goa Medical College, retired on 31.12.2018. In July 201...

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Supreme Court Allows Appeal in Medical Negligence Case Due to Lack of Monitoring in Dengue Treatment. Failure to Monitor Hematocrit and Platelet Levels Constitutes Negligence Despite Following Fluid Protocol.

The case pertains to a medical negligence claim arising from the death of Madhu Manglik, the spouse of the appellant Arun Kumar Manglik, who was admit...

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Supreme Court Upholds Medical Negligence Finding Against Hospital and Doctors for Failure to Conduct ROP Screening on Preterm Baby Leading to Blindness. Compensation Enhanced for Child's Total Blindness Due to Negligent Omission of Mandatory Retinopathy of Prematurity Check-Up.

The case arises from a consumer complaint alleging medical negligence against Maharaja Agrasen Hospital and its doctors for failing to conduct mandato...

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Supreme Court Dismisses Appeal in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Doctor's Decision to Administer Oral Antibiotic and Discharge Patient Held to Be Within Accepted Medical Practice Under Bolam Test.

The appellant, Vinod Jain, filed a consumer complaint alleging medical negligence against Santokba Durlabhji Memorial Hospital and Dr. R.K. Jat after ...

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Supreme Court Upholds NCDRC Order Exonerating Hospital and Doctor in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Bolam Test Applied: Doctor Not Negligent If Acting in Accordance with Practice Accepted by a Reasonable Body of Medical Men.

The appellant, Vinod Jain, filed a consumer complaint alleging medical negligence against Santokba Durlabhji Memorial Hospital and Dr. R.K. Bhandari a...

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Supreme Court Dismisses Surgeon’s Appeal and Upholds Award of Damages for Medical Negligence in Fracture Treatment. Concurrent Findings of Excessive Force and Lack of Anaesthetic in Reduction of Femur Fracture Constitute Gross Negligence Causing Patient’s Death.

The matter arose from a suit for damages filed by the first respondent, the father of a young patient, against the appellant, a surgeon, alleging medi...