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...

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 ...

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 ...

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...

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...

Consumer Protection Act 2019 has repealed the earlier 1986 Act in which medical services were read in as service by the Hob'ble Supreme Court in IMA vs V P Shantha, 1995 The Consumer Protect...

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...

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...

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...

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

In the case of death due to alleged medical negligence, it is essential to establish the cause of death as a direct consequence of the alleged deficiency. In the death certificate, as per the ...

You see only what you look for; you recognise only what you know" --  Dr. Merrill Sosman Actions are being initiated under the provisions of the Indian Penal Code, 1860 (IPC) despit...

A patient provided regular treatment by a qualified and licensed practitioner, by a team of medical personnel in a hospitalized situation, after due consent, should be excluded from the purview S...

"An ambiguous law is a dangerous one because it allows for the concept to be misused, neglected or worse, weaponised." -- Aysha Taryam Judicial scrutiny of a medical treatment or management of...

Practice of medicine is too complex and vast to be amenable to easy non-professional regulation or judicial scrutiny. An extensively trained, qualified and licensed medical practitioner needs f...

There are many levels of truth. Alan Dershowitz Justice? You get justice in the next world, in this world you have the law. William Gaddis Personal experiences affect the facts that judges choo...