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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 Health & Nutrition Supplements Manufacturing Companies in India

Nutritional medicine is primarily based on the principle that nutrients, along with other important micronutrients are required for the efficient and proper functioning of all the different biochemical processes in which our bodies rely. The “Health & Nutrition Products”, in essence, comprise of different products, which either add to, supplement the nutrition or provide us with a part or all of the daily required nutritional necessities. They include oral or intravenous nutrition that can provide the concerned patient with all the required nutrition. The way in which a person can determine which nutritional medicine to take is by means of...

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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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Laws, Procedures & Rules for Ayurvedic & Herbal Companies in India

India, which is the second most populous country in the world, has been renowned to have rich health and medical sciences, a few of which date back to several thousand years ago. Since the 1970’s, the government has been giving a professional recognition to practitioners of different medical systems. Among these medical systems, Ayurveda is the oldest, which is being practiced at a wide scale and initially originated in India. Since the last few decades, there has been a steady growth in the sale of Ayurvedic medicine product due to different factors such as the failure of western alopathic medicine,...

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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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Legality of Online Medical Prescription & E-Pharmacies in India

The easy availability of medicines without proper prescriptions and convenience factors associated with #e-pharmacies has also increased the risk of drug abuse, self- medication by patients, sale of counterfeit medicines and poor storage conditions. The requirement of a valid prescription for selling the medicines online is the most important and major challenge faced by e-pharmacies. The Pharmacy Practice Regulations 2015 mentions electronic prescription and defines a ‘prescription’ as a written or electronic direction from a registered medical practitioner or other properly licensed practitioners to a pharmacist to compound and dispense a specific type and quantity of preparation or prefabricated drug...

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Legality of E-Pharmacy in India

With the advent of #e-commerce, the concept of online pharmacies and online sale of drugs has been in vogue throughout the world. This increasing trend of purchasing #medicines online has also increased the number of e-pharmacy platforms. #E-pharmacies are online platforms where the consumers can purchase the medicines without having to visit the brick-and-mortar pharmacies. In India, the laws regulating the sale, distribution, manufacture and storage of drugs are: The Drugs and Cosmetic Act, 1940 (“DCA”)The Drugs and Cosmetics Rules, 1945 (“DCR”) The Drugs and Magic Remedies Objectionable Advertisements) Act, 1954The Indian Medical Act 1956 The Code of Ethics Regulations,...

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