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Medical Negligence Compensation and the “Eggshell Skull” Rule: What Patients Should Learn from the Supreme Court

Medical negligence cases are not only about proving that something went wrong during treatment. They also involve the question of fair compensation. When a patient suffers avoidable pain, further treatment, additional expenses or prolonged distress due to deficient medical service, compensation should be reasoned, realistic and connected to the actual [...]

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Medical Negligence Complaint Must Match the Pleadings: Supreme Court’s Warning in Deep Nursing Home Case

A medical negligence complaint must be clear about what negligence is alleged, when it occurred, who was responsible and how the alleged lapse caused harm. Courts and Consumer Commissions may examine the records, expert reports and legal issues, but they cannot create a completely new case that was not pleaded [...]

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Medical Negligence or Poor Hospital Records? What Patients Should Learn from the SGPGI Case

A medical negligence complaint is not decided only on suspicion, pain, dissatisfaction or an unfortunate treatment result. At the same time, hospitals cannot ignore their duty to maintain and provide proper medical records. The NCDRC decision in Sanjay Gandhi Post Graduate Institute of Medical Sciences v. Rajendra Nath Keserwani & Anr. is [...]

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