Doctors Archives | SCC Times

Supreme Court| Allopathy/ Ayurved Doctors not on a par with MBBS Doctors; Can’t claim equal pay

“The principle of equal pay for equal work cannot be invoked or applied invariably in every kind of service and certainly it cannot be invoked in the area of professional services when these are to be compensated”

Case Briefs District Court

[Medical Negligence] FIR cannot be registered on complaint guided by unsubstantiated assumptions only to satisfy discontentment with the treatment of child; Tis Hazari Court sets aside Trial Court’s direction

In a medical negligence case, the Tis Hazari Court held that since there was no justifiable reason to assume that the doctor committed any offence into the allegations made by the complainant, no FIR could be registered on the whims and fancies of the complainant guided by unfounded and unsubstantiated assumptions only to satisfy his discontentment with the treatment of his child.

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Hospitals are vicariously liable for the acts of negligence committed by their doctors”; NCDRC grants compensation of Rs 1 crore to the parents who lost their only child in a corrective surgery for squint eye

Human life is most precious; therefore, it is extremely difficult to decide on the quantum of compensation in medical negligence cases, it is highly subjective in nature.

Case Briefs High Courts

[Violence against Doctors] Kerala High Court| Pre-arrest bail in offences under Kerala Healthcare Act incongruous to legislative mandate

Kerala High Court: In a case concerning attacks against doctors and medical institutions, Bechu Kurian Thomas, J., held that granting

Case Briefs High Courts

Chh HC | Whenever substantive obligation/rights/ interests are impaired/adversely affected through any piece of subordinate legislation, then its source must be traced within express provisions in four corners of parent enactment

Chhattisgarh High Court: Sam Koshy P, J., allowed the petition and quashed the impugned orders imposing a moratorium on the establishment of

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can doctors alleged of medical negligence be exempted from legal proceedings as they are busy and conscious about their duties towards patients? NCDRC answers in a transfer application

National Consumer Disputes Redressal Commission (NCDRC): The Coram of Dr S.M. Kantikar (Presiding Member) and Binoy Kumar (Member) while allowing an application

Case Briefs High Courts

MP HC | Difficult Areas vis-a-vis Difficult Services, Issues of reservation and incentive marks; HC puts an end to the battle between Doctors and State

Madhya Pradesh High Court: The Division Bench comprising of Sujoy Paul and Arun Kumar Sharma, JJ., held that the Demonstrators and Tutors

Case Briefs High Courts

Ori HC issued directions regarding doctors being attached to Government Health Facilities and carrying on private practice without attending their duties at the Government Health Facilities

Orissa High Court: A Division Bench of S. Muralidhar, CJ and A. K Mohapatra, J., issued directions regarding Doctors being attached to

Case Briefs High Courts

Consumer Protection | Whether service provided by doctors in lieu of fees is beyond purview of Consumer Protection Act 2019? Bom HC answers

Bombay High Court: Holding that mere repeal of the Consumer Protection Act, 1986 by the 2019 Act, without anything more, would not

Case Briefs High Courts

Ker HC | One-year mandatory internship for foreign medical graduate; HC holds residential internship in India is not mandatory if already done abroad

Kerala High Court: P.B.Suresh Kumar, J., held that the requirement for Medical students who had studied abroad to undergo CRRI for obtaining

Case Briefs COVID 19 High Courts

[Violence against Doctors] Ker HC | “Attacks on Doctors cannot be condoned”; HC directs State to give publicity to penal consequences of such attacks and increase awareness

Kerala High Court: Finding it shocking and unbelievable that were 278 attacks against Doctors, Nurses and Healthcare Workers in the State of

Case Briefs High Courts

[Violence against Doctors] Gau HC | Mere installation of CCTV cameras in hospitals is not enough; HC directs to connect Hospital cameras to the nearest Police Station

Gauhati High Court: The Division Bench comprising of Sudhanshu Dhulia, CJ, and Manash Ranjan Pathak, J., directed to connect CCTV cameras of

Case Briefs High Courts

Del HC | De-certification of AYUSH teachers; HC sets aside CCIM’s order de-certifying “Teacher Code” of practitioners for working outside their State of registration

Delhi High Court: V. Kameswar Rao, J., had set aside the controversial order of the CCIM (Central Council of Indian Medicine), whereby,

Case Briefs COVID 19 High Courts

[Violence against doctors] Ker HC | Read why HC granted pre-arrest bail to the police officer accused of manhandling a doctor

Kerala High Court: K.Haripal, J., granted bail to the Police Officer accused of manhandling a doctor and subjecting him to violence. The

Case Briefs COVID 19 High Courts

Pat HC | “Health Department is severely deficient in terms of manpower”; HC directs State to be flexible regarding maximum age limit of 37 years in appointing doctors

Patna High Court: Ashutosh Kumar, J., directed the Bihar government to consider representation made by the petitioners for appointment in the State

Case Briefs High Courts

Gau HC | Violence against Doctors; HC directs State to take immediate actions if any medical practitioner is manhandled or abused

Gauhati High Court: The Division Bench of Sudhanshu Dhulia, CJ., and Manash Ranjan Pathak, J., addressed the issue of violence against doctors.

Case Briefs COVID 19 High Courts

Bom HC | “Modern ventilators, Doctors are not properly trained to operate”; HC raps centre for blame game on PM Cares Ventilators

Bombay High Court: The Division Bench comprising of Ravindra V. Ghughe and B. U. Debadwar, addressed the issue relating to supply of