Consumer

Forgery of Medical Records – what recourse ?

Forgery of Medical Records Medical Negligence - is a unique genre of crime. Done (obviously) without intent but negligence, it is usually committed behind closed doors of an Operation Theater on the uninformed and the unconscious with perhaps NO knowledge of Law. The negligent party- doctor or the Hospital has usually the infrastructure and resources to fight a long battle. They can employ a battery of lawyers well versed in various tactics, including how to delay the case as much as possible since the delay only serves to benefit the guilty and further harass/ cause mental anguish to the wronged.…
Read More....
Consumer

Is a Mosquito Bite an Accident ?

Is a Mosquito Bite an Accident ? Is a mosquito bite an accident ? Under normal course of events one would think so. But a mosquito bite is NOT so, when law gets in the way !! What may seem pretty 'mundane' and self-evident is certainly not so when questions of law, money and setting legal precedents are involved. And , as we will see, even Hon'ble learned Judges may have differing opinions, each with – apparently – quite sound rationale. Which is why sometimes law can be very interesting and even fun :-) Doing research for a mandate I…
Read More....
Consumer

Justice delayed – Loong Road to Justice, Indian Ishtyle !

Justice Delayed is Justice Denied ! Justice Delayed is Justice Denied - so said Gladstone, and oft repeated by all the Wise (wo)men ! But there is Law,there are Lawyers and then there is the Complainant who generally has hardly any knowledge of law,except that he has been wronged and a law exists, hopefully to help him. But when people just give up , or even die while the case meanders through, justice delayed is a problem of critical proportions. Here is one example of justice delayed - a personal experience at a Consumer Court , repeated innumerable times in…
Read More....
Consumer

Car Parking : Hotel Liability

Car Parking : Hotel Liability In a recent ruling, the Supreme Court has held that hotels have liability to compensate guests if their car parked by a valet gets stolen even if the free parking tokens provided to guests clearly disown any responsibility of management for theft of vehicles. Synopsis A Guest G used Valet Parking of a hotel H. The parking tag provided to him read : Important condition: This vehicle is being parked at the request of the guest at his own risk and responsibility in or outside the Hotel premises. In the event of any loss, theft…
Read More....
Consumer

Medical Negligence-Vicarious Liability of Doctors

Medical Negligence - Vicarious Liability of Doctors Vicarious Liability of Doctors Vicarious liability of doctors is a matter of serious concern to doctors as well as patients. Vicarious is defined as ‘acting or done for other’. During a normal medical procedure involving surgery, there are a number of people involved. There is, of course, the ‘Head’ or the ‘main’ doctor , under whose supervision the patient is undergoing treatment. Besides, there are assistant doctors, anesthetists, even Interns who attend to gain experience, nurses etc. Each of them may be tasked by different responsibilities. In this situation, a defense may be…
Read More....
Consumer

Consumer Protection Act 2019-Salient Changes

Consumer Protection Act 2019-Salient Changes Consumer Protection Act 2019- from Caveat Emptor to Caveat Venditor Consumer movement that includes advocacy and protection has had a long history. Notables in the field from 18th century onwards include Herbert Hoover , Upton Sinclair and Ralph Nader. The 35th president of United States in a speech on 15th March 1962 spoke about four basic rights of consumers namely right to safety, right to be informed, right to be heard and right to choose. In ancient India as well welfare and protection of consumers finds mention at many places. Manu Smriti, for instance, stressed…
Read More....
Consumer

Risks- does your Doctor tell ? If not, it still is yours !

Risks-is Your Surgeon gambling with your life ?   Is your Doctor playing Dice with you ? The  Risks are yours ! It is bounden duty of a Doctor to tell his patient pros and cons - including Risks - of treatment suggested by him. Plain common sense, backed by law and several cases. However, sometimes the Doctor/ Surgeon errs grossly on this. Reasons ? Money or sheer incompetence / overconfidence. Who pays ? The Patient. For a lifetime, many While there is a whole plethora of cases similar, they still do not seem to stop. In one of the…
Read More....