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Medical Negligence

 > Medical Negligence

Legal Remedies for Countering the Menace of False Consumer Complaints against Hospitals in India: Lawyers Advice

Resembling the false consumer complaints against the doctors for medical negligence, there are various vexatious complaints against the hospitals as well, both private as well as government. Although Judiciary is taking endless efforts in punishing those complainants who file false petitions against such institutions, however this problem in never ending and recently the number of such frivolous complaints has been increased by 28%. Until the problem of false and vexatious complaints is not taken seriously, the consumers will be encouraged to carry on such practices. Therefore some strict actions are required to be taken against such complainants. Consumers have a responsibility...

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Legal Remedies for Countering the Menace of False Consumer Complaints against Doctors in India: Lawyers Advice

In recent times, Consumers have developed a tendency to file misleading and baseless complaints against doctors and hospitals for medical negligence. But doctors don't need to be always at fault, the consumers or patients can be at fault too in taking the prescribed treatment and medicines suggested by the doctors. When the consumers are themselves negligent, they cannot go to the court and waste time of the judiciary by filing false complaints about the agony they suffer because of their fault. Section 2(1) (o) of the Consumer Protection Act 1986 has provided the medical profession has been included under the...

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Legal Challenges faced by an IVF Clinic & their Solutions: Lawyers Advice

There has been rapid development in the medical sector, thereby leading to numerous medical inventions such as stem cells, human cloning, Assisted Reproductive Technologies (ART) etc. Infertility refers to the incapability to have a child and there have been numerous advancements in this field in the form of Assisted Reproductive Technology (ART). In Vitro Fertilization (IVF) is an essential part of ART and is essentially used as a treatment for infertility. However, it is still a growing phenomenon and not a lot of people come forth to seek treatment. This is generally a very expensive affair and there tends to...

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Special Circumstances under which a Doctor or a Para Medic may leave Professional Duties amid Coronavirus Pandemic: Legal Remedies

In the wake of the current situation where Coronavirus or Covid-19 has turned out to be a global pandemic the healthcare professionals i.e. the Doctors and the para medic staff which includes nurses and ward boys have come to the forefront and are acting as soldiers and warriors. The determined and plausible efforts of the healthcare professionals, the Government of India and the State Governments have acted as a shield for India and the same is evident from the number of persons affected by the Coronavirus. The joint efforts of the Governments at the Centre and in the States and...

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Laws, Procedures & Rules for Energy Drink Manufacturing Companies in India

The Energy Drink industry began operating all over the world in the 1980’s, and ever since, has been the preferred choice for anyone looking for a temporary surge in energy and physical adrenaline. Energy drinks initially began evolving when the brands Pepsi and Coca-cola began selling their products to the market. Interestingly, Coca-cola’s name was sourced from two of its primary ingredients, namely coca leaves and kola nuts, which were both energy stimulants. One thing that was out of place when it came to Coca-cola was that it was very high in caffeine content, and this was in violation of...

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Medical Negligence in a Nutshell: Indian Legal Framework

The word “negligence” and particularly the term “medical negligence” has been widely heard of, however, the etymology of these words cannot be plainly implied but rather on the contrary have to be studied from the point of view of both law as well as medicine. The term “negligence” means failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation. Talking about negligence as per civil law it has often been defined as the breach of legal duty by...

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Coronavirus Outbreak & Cross Border Transactions

The 2019 Novel Wuhan Coronavirus (Covid-19) has done two major things. One, it has caused panic and at the same infected many people, leading to the death of around 3,300 people. Two, it has had a major bearing on global business. Though there isn’t much data available just as yet, on how the Covid-19 has affected business globally, yet news reports mention that many companies in China and other countries where the Coronavirus has spread, are encouraging the employees to work from home, due to the high risk of human to human transmission. It is also suspected that the Shipping...

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Case Analysis: Medical Negligence-Spring Meadows Hospital and Anr v. Harjol Ahluwalia and Anr. (1998) 4 SCC 39.

The case analysis which is being done hereinbelow is done while considering the viewpoint of the Courts in towards the cases relating to “Medical Negligence”. The case analysis carries the facts of the case, the issues raised by the Patients and their family members vis a vis the Doctors, arguments advances by both the sides and the judgment passed by the Court. Facts -A minor was admitted in a Hospital where the patient upon examination of a Senior Consultant Paediatrician, and on advice of other doctors. Upon diagnosis it was found that the patient was suffering from typhoid fever and appropriate...

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Case Analysis: Medical Negligence-Jacob Mathew v. State of Punjab & Anr. (2005) 6 SCC 1

The case analysis which is being done hereinbelow is done while considering the viewpoint of the Courts in towards the cases relating to “Medical Negligence”. The case analysis carries the facts of the case, the issues raised by the Patients and their family members vis a vis the Doctors, arguments advances by both the sides and the judgment passed by the Court. Facts –The son filed a First Information Report (FIR) at a Police Station in Ludhiana because his father was admitted in a hospital at Ludhiana on 15.02.1995 and died on 22.02.1995 at the same place. The patient had difficulty...

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