Medical Negligence
7 articles tagged with "Medical Negligence".
Stop Treating Consumer Forums as Catch-All Courts: Karnataka HC Rightly Quashes Rs. 1 Crore HIV Privacy Claim
The Hook: The Mission Creep of Consumer Commissions There is a dangerous, growing trend in Indian litigation: the tendency to treat Consumer Commissions as a panacea for every conceivable civil, statutory, or constitutional wrong. Because consumer fo...
Stop Using Consumer Forums as a Catch-All: Karnataka HC’s Reality Check on Jurisdictional Overreach
The Hook: The Epidemic of Jurisdictional Creep If there is one bad habit Indian litigators have developed over the last decade, it is treating Consumer Commissions like a judicial Swiss Army knife. Got a breach of contract? File a consumer complaint....
Stop Using the Consumer Forum as a Dumping Ground for Statutory Torts: Karnataka HC Lays Down the Law on HIV Confidentiality
The Hook: The CPA is Not a Magic Wand for Every Legal Wrong There is a lazy, yet incredibly common, trend among Indian litigators: if a client has suffered a wrong—any wrong—just draft a complaint, slap the label of "deficiency in service" on it, and...
Stop Weaponizing Consumer Forums: Why the Karnataka HC Rightly Ruled that an HIV Privacy Breach is Not a "Deficiency in Service"
The Hook: The Lazy Habit of "Shoehorning" into Consumer Courts There is a pervasive, lazy habit among Indian litigators: when faced with a complex civil wrong, a breach of privacy, or a statutory violation, we try to dress it up as a "deficiency in s...
The Article 21 Avalanche: How the Supreme Court’s 2026 Rulings are Rewriting Writ Practice and State Liability
The Erasure of Part IV: Article 21 Becomes the Ultimate Policy Tool Let us be blunt: the line between Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) of the Constitution has not just been blurred in 2026; the Supreme ...
Continuous Treatment Trumps the Calendar: The Madras High Court Dismantles the "Hyper-Technical" Limitation Defense in Medical Negligence
There is a recurring, almost mechanical strategy deployed by hospital defence counsel in medical negligence cases: the moment a consumer complaint is filed, point to the date of the patient’s initial discharge, invoke the strict two-year limitation p...
The "Continuous Treatment" Trap: Why Hospitals Can’t Hide Behind Section 69 When Corrective Surgeries Fail
The Hook: When Does the Clock Actually Start Ticking? In medical negligence cases, Section 69 of the Consumer Protection Act, 2019, is the standard shield for defending hospitals. The two-year limitation period is usually calculated from the date of ...
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