Tag: Medical Law

Supreme Court Orders Uniform National Policy for Organ Donation & Transplantation
Supreme Court

Supreme Court Orders Uniform National Policy for Organ Donation & Transplantation

The Supreme Court, exercising its jurisdiction under Article 32, issued comprehensive directions to ensure uniformity in India's organ transplantation framework. It mandated the adoption of the 2011 Amendment and 2014 Rules by all States, and directed the formulation of a uniform national policy for allocation, swap transplantation, and live donor welfare to prevent discrimination and commercialization. Facts Of The Case: The Writ Petition was filed by the Indian Society of Organ Transplantation, highlighting systemic deficiencies in India's organ donation and transplantation ecosystem. The petitioner argued that the lack of uniform adoption of the Transplantation of Human Organs (Amendment) Act, 2011, and the Transplantation of Human Organs and Tissues Rules, 2014, by certai...
Supreme Court Says Failure in Treatment Isn’t Always Negligence :A Landmark Ruling for Doctors
Supreme Court

Supreme Court Says Failure in Treatment Isn’t Always Negligence :A Landmark Ruling for Doctors

The Supreme Court held that consumer fora cannot travel beyond the pleadings to construct a new case for the complainant. It emphasized that medical negligence cannot be presumed merely because of an adverse treatment outcome. The Court ruled that the NCDRC overstepped its jurisdiction by basing its finding on antenatal care negligence, which was never pleaded by the complainant, and set aside the order. Facts Of The Case: A patient, Charanpreet Kaur, died from atonic Post-Partum Haemorrhage (PPH) hours after delivering a stillborn child at Deep Nursing Home, Chandigarh, under the care of Dr. Kanwarjit Kochhar. Her husband, Manmeet Singh Mattewal, filed a consumer complaint alleging medical negligence specifically in the post-delivery treatment. He contended the nursing home was il...