The Supreme Court recently redefined medical negligence to include overdoses of medicines; not informing patients about the side-effects of drugs; not taking extra care of patients with diseases that have a high mortality rate; and failure of hospitals to provide basic facilities that are fundamentally necessary for adequate care of patients. The court referred to this definition in Dr Kunal Saha and Malay Ganguly v Dr Sukumar Mukherjee and others while upholding a Calcutta High Court judgment acquitting three doctors of criminal negligence in the death of Anuradha Saha, wife of Kunal Saha, an Ohio-based AIDS vaccine research doctor.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in, lbhasin@vsnl.com or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.