The Bolitho v City and Hackney Health Authority case is a landmark judgment in medical negligence law. This article explains how courts can reject even expert supported medical opinions if they are illogical, unsafe, or unreasonable, and how the Bolitho test is applied in India and the UK today.
A detailed analysis of the NCDRC judgment in the Geetanjali Hospital, Udaipur case where nasal polyp surgery without pre-operative CT scan led to subarachnoid hemorrhage and brain herniation. The Commission upheld medical negligence but reduced compensation, laying down important legal principles for doctors.
The Supreme Court of India has ruled that a failed surgery or post operative complication does not automatically amount to medical negligence. In a landmark judgment, the apex court cleared a doctor and PGI Chandigarh, reaffirming the Bolam test and holding that adverse medical outcomes without expert evidence cannot establish negligence.
NCDRC upheld medical negligence against a Ludhiana hospital and doctors for performing radical facial surgery without confirmed cancer diagnosis.
