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Sharing medical information of patient by doctors ,how for ethical & reliable

L.I.C. and Ors. v. Asha Goel, I (2001) SLT 89=(2001) 2 SCC 160, the Apex Court has reiterated that burden of proving that the insured had made, false representations and suppressed material facts is on the Corporation The position of law was stated that three conditions must fulfill for application of exclusion clause and for bringing the case under pre-existing disease. Second part of Section 45 is: (a) The statement must be on a material matter or must suppress facts which were material to disclose; (b) The suppression must be fraudulently made by the policy holder; and (c) The policy holder must have known at the time of making the statement that it was false or that it suppressed facts which it was material to disclose....

FINANCIAL CREDITOR CANNOT TAKE OVER HOME BELONGINGS OF HOMEBUYERS.-SUPREME COURT OF INDIA

Supreme Court in Amrapali case held that financial creditor cannot take over home belongings of homebuyers. In other words, the Supreme Court upheld the rights of home buyers ahead of the creditors....

DOCTORS TO MAINTAIN CONFIDENTIALITY OF PATIENT’S MEDICAL RECORD

Maintaining confidentiality of a patient’s medical aspects is not only the duty of a doctor but also a constitutional obligation...

Whether medical examination compulsory for issuance of Policy to take place prior to accepting premium

It would be logical for the insurance company to accept the premium based on the medical examination and not otherwise. Therefore, by the very fact that they accepted the premium waived the condition precedent of medical examination....

JURISDICTION OF CONSUMER COURTS IN ARBITRATION AGREEMENT CASES

Hence in spite of having arbitration clause ,consumer court may go ahead and enjoys the jurisdiction on matters related to the subjects under its domain i.e. purchase of goods and hiring of services. 3. The Consumer Act is a special social legislation enacted to protect consumer rights against large Corporations, hence issues covered under this act are not arbitrable neither they are intended to be covered by the amendment to Section 8 of the Arbitration Act 4. To accept the plea of the Builder would be to set at naught the entire purpose and object of the Consumer Act, viz. to ensure speedy, just and expeditious resolution and disposal of consumer disputes....

CONSUMER FEARS TO FIGHT AGAINST DOCTORS (Doctors are the influential persons of the society)

As per my experience as Member on board in Consumer Court, out of total cases filed for medical negligence, many are actually not negligence cases but are :Result of lack of post operative car;A notion that every treatment must bring a positive results otherwise doctors are the cause ; Consumers are allured by misguiding factors that a huge amount in compensation can be claimed through some settlement with doctors ;Poor drafting’s , half hearted efforts put in preparing pleadings and deficient required documents. The above issues need introspection...

CONTROVERSIES ON MEDICAL NEGLIGENCE CASES [JURISDICTION OF CONSUMER FORUM ISSUE ]

"The Consumer Forums must take expeditious steps to deal with the complaints filed before them and not keep them pending for years. It would defeat the object of the Act, if summary trials are not disposed of expeditiously by the forums at the District, State or National levels. Steps in this direction are required to be taken in the right earnest"...

WHEN A PERSON CAN BE A CONSUMER FOR MEDICAL NEGLIGENCE (Payment for services is a must)

But unfortunately in the above referred case of Dr Hema,Dr Sulekha Dr Sethunath v/s S.Jayan & Others .11(2016)CPJ 306 NC complainant failed to put any evidence that hospital had been charging any thing from any patient To conclude, we may say that while taking services from the Govt. hospitals, we need to check the facts and issue of payment for the services received as discussed above. Court delivers judgment on the bases of facts and circumstances of the case....

LAW SOON TO ENSURE DOCTORS PRESCRIBE CHEAPER GENERIC DRUGS (Professionals deviating from ethical values)

Law soon to ensure doctors prescribe cheaper generic drugs ensures Prime Minister. We have no question as to how it will happen because if there is a will to do something, no one can stop it and it should finally be done now. But at the same time we cannot limit our question to doctors, professionals in all fields are deviating from their ethical values and courts on number of occasions pin pointed this issue. We believe ,much more is required to be done by the parliament to make law and rules when we find orders by the courts could be binding only on particular case and others enjoy liberty to continue the same tune...

EXECUTION OF THE ORDEROF CONSUMER FORUM PART-11

Limitation for filing execution petition • There is no time limit provided specifically in the act .but national commission has made certain orders holding that court will have the discretion to decide whether execution petition can be entertained if filed too late. Court may refuse to admit execution petition if filed after laps of years because • There is time limitation for destroying the old record • In some cases filing execution petition after years serves no purpose depending upon the nature of order and circumstances of the case at the time order is passed....

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