All Articles by Dr Shri Gopal Kabra

Laws-In-Medicine And Laws-As-Medicine: A Crucial Debate Apropos Medical Negli...

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A medical professional practices bed-side medicine and not law. A judicial officer practices law and not medicine while adjudicating in a case of medical negligence. Transgressing their respect...

Tort Reform Needed To Prevent Misuse Of Provisions Of CPA Act For Medical Neg...

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Honorable Supreme Court has explicitly recommended such tort reform. The legislature must act. Supreme Court: There is a need to protect doctors from frivolous or unjust prosecutions in the ...

Medical Negligence: Major Takeaways from the National Medico-Legal Summit 2024

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The field of medicine is vast and intricate, defying easy judicial scrutiny or non-professional regulation. A highly trained, qualified, and licensed medical practitioner requires the autonomy ...

Ignorance Of Medicine And Judicial Arrogance: Medicine Derailed

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Background in Brief That Complainant No.1 Renu Saini was a high risk case in view of her past history of previous 3 caesarean section, multiple D & E procedures, presence of invasive vesic...

Provisions In Bharatiya Nyaya Sanhita 2023 That Decriminalize Medical Neglige...

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Sec2(6) "dishonestly" means doing of an act with the intention of causing wrongful gain to one person or wrongful loss to another person; An act of providing treatment to a patient by a qualifie...

Status Of Health Care Services In Consumer Protection Act 2019: An Appraisal

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Consumer Protection Act 2019 has repealed the earlier 1986 Act in which medical services were read in as service by the Hob'ble Supreme Court in IMA vs V P Shantha, 1995 The Consumer Protect...

Consumer Protection Act: Patients Delight Doctors Dilemma

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Medical profession, health care, in Consumer Protection Act 2019 Definitions: In this Act, unless the context otherwise requires Sec 2(7) "consumer" means any person who: Buys...

Health Care Excluded From CPA 2019

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Has the medical services not been specifically and consciously excluded from CPA 2019 by the parliament?The Consumer Protection Act was enacted by the parliament in 1986. Cases were filed under...

Need to review IMA v V P Shantha that put medical professionas under CPA

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Indian Medical Association vs V.P. Shantha & Ors on 13 November, 1995 brought the medical services under CPA declaring medical services to be services under Sec. 2(1)(0) of the ACT. The med...

Retrospective Surrogacy Contract for Parents Intending MTP: A Proposition for...

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Proposed retrospective Surrogacy Contract Traditional Surrogacy Contract Modified THIS AGREEMENT is made as of _________________, 20____, by and between _______________, the acknowledged (int...

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Popular Articles by Dr Shri Gopal Kabra

Laws-In-Medicine And Laws-As-Medicine: A...

Titile

A medical professional practices bed-side medicine and not law. A judicial officer practices la...

Reforming Legal Perspectives: The Case t...

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A patient provided regular treatment by a qualified and licensed practitioner, by a team of med...

Provisions In Bharatiya Nyaya Sanhita 20...

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Sec2(6) "dishonestly" means doing of an act with the intention of causing wrongful gain to one ...

Duty Of Care And Medical Negligence

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There are many levels of truth. Alan Dershowitz Justice? You get justice in the next world, in t...

Status Of Health Care Services In Consum...

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Consumer Protection Act 2019 has repealed the earlier 1986 Act in which medical services were r...

Consumer Protection Act: Patients Deligh...

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Medical profession, health care, in Consumer Protection Act 2019 Definitions: In this Act, un...

Need to review IMA v V P Shantha that pu...

Titile

Indian Medical Association vs V.P. Shantha & Ors on 13 November, 1995 brought the medical s...

Medical Negligence: Major Takeaways from...

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The field of medicine is vast and intricate, defying easy judicial scrutiny or non-professional...

Ignorance Of Medicine And Judicial Arrog...

Titile

Background in Brief That Complainant No.1 Renu Saini was a high risk case in view of her past ...

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