The MedLegal Times

Current issue
Doctors are judged by decisions, not outcomes.
Posted On: October 01, 2026

When a critically ill patient deteriorates despite treatment, it is natural for grieving families to question every medical decision made in the intensive care setting. But the law draws an important distinction between an unsuccessful outcome and negligent treatment. In a recent decision, the Punjab State Consumer Disputes Redressal Commission reaffirmed that emergency medical interventions cannot be judged solely because the patient did not survive.

An 82-year-old man with a history of heart disease, urinary stricture and severe urinary infection was admitted under the care of a urologist after his condition failed to improve despite antibiotic therapy. To control the source of infection, the treating doctor removed the suprapubic catheter and performed an Optical Internal Urethrotomy with bladder wash under antibiotic cover. However, the patient's condition continued to worsen as sepsis progressed.
Read More
Employee pasted the wrapper. Doctor paid the price.
Posted On: October 01, 2026

A doctor's liability does not always arise from what happens inside the operating theatre. Sometimes, it begins with what happens at the reception desk, in the medical records, or through the actions of clinic staff. The Bihar State Consumer Disputes Redressal Commission recently demonstrated this distinction by holding that while an ophthalmologist was not guilty of medical negligence, he was nevertheless responsible for the confusion created by his clinic's documentation.

A patient underwent cataract surgery after opting for a Tecnis intraocular lens (IOL). During the operation, however, the surgeon implanted an ALCON IOL, explaining that it was the more suitable choice based on his professional judgment. The patient later questioned the decision after discovering inconsistencies between the surgery receipt, prescription and the wrapper of the lens supplied after the operation.
Read More
Recognising a complication is only half the job
Posted On: October 01, 2026

Post-operative infection is a recognised risk of orthopaedic surgery and, by itself, does not establish medical negligence. What the law expects, however, is that once a complication is recognised, it is managed promptly and appropriately. In a recent decision, the Haryana State Consumer Disputes Redressal Commission held that while the infection following a hip replacement surgery was not negligent, the delay in referring the patient for specialised care amounted to a deficiency in service.

An elderly woman underwent hip replacement surgery after sustaining a fracture of the neck of the femur. She was discharged in a satisfactory condition but returned repeatedly over the following weeks complaining of persistent and progressively worsening pain. Each time, she was reassured and treated with painkillers, calcium supplements and other medicines while being advised to continue follow-up.
Read More
The court drew the line between a mishap and a crime
Posted On: October 01, 2026

A scalp injury sustained by a newborn during a Caesarean section led to criminal proceedings against the operating gynaecologist, but the Calcutta High Court ultimately held that the unfortunate surgical mishap did not amount to criminal medical negligence.

The baby suffered a minor scalp laceration during a repeat Caesarean delivery. The injury was immediately identified, sutured and appropriately managed, following which the newborn recovered well and was discharged in satisfactory condition. Nevertheless, the child's father lodged a criminal complaint alleging negligence, claiming that a similar injury had occurred during the birth of their first child, also delivered by the same doctor several years earlier.
Read More
The family connection came before the negligence question
Posted On: October 01, 2026

When a doctor treats a close relative, the relationship may appear personal, but if allegations of medical negligence arise later, the law first asks a different question: was this even a consumer dispute? In a recent decision, the National Consumer Disputes Redressal Commission held that the answer depended not on the surgery, but on whether the treatment had been rendered for consideration.

The complainant underwent a laparoscopic procedure performed by a doctor who happened to be her close relative. Alleging negligence during treatment, she initially succeeded before the District Consumer Forum, which awarded compensation. However, the doctor challenged the order, arguing that he had treated a family member without charging any professional fee and that no consumer-service provider relationship existed between them.
Read More

View All