Medicos Legal Action Group

03/05/2025

Golden goose, golden ticket to good life & more !

23 lakh students have registered to give NEET UG entrance examination. Our Society, our leaders, and (very) few of us propagate that doing MBBS is a golden ticket to good life and an MBBS degree is a golden egg laying goose. What we are not told is that mostly it is those whose business interests are in private medical colleges who are the ones behind this propaganda. Few hospital owning doctors also brainwash their children into joining MBBS with a motive to hand over their fiefdom / legacy when time comes.

With rarely available non permanent jobs paying less than 60 K per month being offered, majority of these youngsters are rapidly disillusioned of the golden powers of the MBBS degree. Though scientific data is lacking, estimated 20,000 doctors leave the country for foreign shores every year, a similar number or more leave the profession to explore other options which may or may not be IT related, some MBBS doctors realizing their folly, go back to school to do law, MBA, appear for civil services , or join politics with some even moving to the lure of the traditional business world.

What is my concern however is why no lawyer, IAS officer, judge, politician or businessman ever suffer burnout, depression, feeling of worthlessness and gives NEET exam to join MBBS and become a doctor. If MBBS is such a golden goose why do these golden geese wish to turn into crows, and sparrows, owls and pigeons and why none of the crows, owls and pigeons wish to become the golden geese. Fact is an MBBS degree is fiercely contested, difficult to obtain but useless piece of paper which does not give return on emotional, physical, financial and mental investment.

If you have already been swindled into joining MBBS course, Do not worsen your situation by doing specializations and superspecializations which are resulting in depressed, frustrated, suicidal neurosurgeons and cardiothoracic surgeons with MCh degree but job description of history writing, discharge summary making, assisting / observing , collecting samples and reports etc.

My advice to those already trapped in the MBBS course; Complete your degree, do 4 housejobs, one each in pediatrics, medicine, surgery and ent/obst gynae preferably in a Government high volume non academic hospital. Start General practice. You will enjoy your youth, earn more than superspecialists, have respect of society and will be free of all loans.

Dr Neeraj Nagpal
9316517176
Managing Trustee
Medicos Legal Action Group Trust
hopeclinics@yahoo.com

01/05/2025

The Judicial guidelines to resuscitation in India

Though non medical judicial officers adjudicating cases of alleged medical negligence was originally restricted only to outright cases of medical negligence, like operating on wrong limb, as time passed the judiciary has started laying down procedure to be followed in specific but complex medical situations. The parliamentarians too are not wanting to be left behind in this race of dictating to doctors on how to treat their patients failing which stringent penal provisions have been provided in law…!!. One of the most critical area where legislative and judicial interference could have been best avoided is that of sudden cardiac arrest for which our teachers and seniors taught us to do vigorous resuscitation.

For those not aware resuscitation is the process involving, cardiac massage, artificial respiration, IV and Intracardiac drugs and other measures which may be undertaken in emergency when we encounter a patient who has collapsed , is not breathing and we cannot find his heartbeat. Though commonly done by trained para medic technicians, nurses, emergency responders including police and fire brigade personnel in the developed countries, it is extremely rare in India for successful resuscitation being done outside the precincts of a hospital or medical establishment and by a person who is not a doctor. Hence most persons who suffer cardiac arrest outside of hospital surroundings die on the spot. Successful resuscitation being a conscious patient with a beating heart and spontaneous respiration.

The confusion in those involved in resuscitation is understandable given the plethora of judgments and new laws which expect all those who approach a doctor or are brought to a doctor to get up, walk out, go back to work and live happily thereafter for next 200 years. Look at the judgments which demand that it needs documentation in medical records that who and at what time noticed the cardiac arrest, who started giving cardiac massage, who gave the required injections and at what time, when did the cardiac activity restart on the monitor, by who and at what time was oxygen administered. Then there is the issue of cardiac defibrillation which probably would also require a corroboration by a board of doctors or atleast another doctor specialising in Medicine, Cardiology, critical care or anesthesia preferably in Government service. In short the focus of the resuscitating doctor is now to safeguard yourownself and document contemporaneously as events happen rather than on actual resuscitation. Also the fact that as per BNS if he fails to resuscitate the patient, patient dies and later allegation of negligence is made, for causing death due to negligence he will be looking at a jail term of 2 years with some fine. However if he successfully revives the heart beat and respiration but due to oxygen deprivation the brain injury so caused leads to a persistent vegetative state, then the punishment may be rigorous imprisonment for life. Short of doing an EEG before resuscitation there is no way of knowing the damage brain may have already sustained and doing an EEG would ensure that resuscitation is no longer needed. Unfortunately it is the ”Knowledge” of risks of disease as well as treatment which is considered a crime where doctors are concerned instead of “mens rea” or the desire to cause harm.

Maybe we should start producing doctors who do not have “knowledge” or better still we can simply close down all hospitals and clinics of doctors of modern scientific medicine since medical negligence by them is the only cause of death in our country. (Selective) Accountability and witch hunting need to be replaced by a desire to prevent similar unfavourable outcomes in future. We should not keep shifting the goalposts to suit our desires to hold one section of society accountable while holding those in contempt who demand accountability from our legal & judicial brethren. My suggestion to my colleagues; Follow the “judicial” guidelines to a T specially if called to resuscitate a judge, an advocate, or a politician and my advice to them "Enjoy the experience (of cardiac arrest & resuscitation) as you will not have a chance to go through it again".

Dr Neeraj Nagpal
Managing Trustee,Medicos Legal Action Group (MLAG)
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
SCO 1066-67 Aerodale Market, New Sunny Enclave Sector 123 Mohali 140301
09316517176, 9814013735
HOPE CLINICS;9465109935, 9478082176
email; hopeclinics@yahoo.com, hopeclinics@gmail.com mlagindemnity@gmail.com
For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;
Website; http://www.mlag.in
you can also follow us at https://www.facebook.com/medicoslegalactiongroup

A non profit trust registered at Chandigarh by a group of allopathic doctors from all over the country who wish to legally engage the Govt of India regarding its various policies concerning medical profession, training, working conditions.

07/04/2025

Representation as regards indemnity insurance

26/03/2025

Mr Kejriwal for Prime Minister

https://health.economictimes.indiatimes.com/news/policy/delhi-government-earmarks-rs-12893-crore-for-health-proposes-2-new-medical-colleges-over-16k-beds/119508469?action=profile_completion&utm_source=Mailer&utm_medium=newsletter&utm_campaign=ethealth_news_2025-03-26&dt=2025-03-26&em=aG9wZWNsaW5pY3NAZ21haWwuY29t

Why do I wish for Mr Kejriwal to become Prime minister and Aap Sarkar in Center ? Look at the new BJP Government’s health budget of Delhi. Nearly 12893 crore of the total 1 lac crore ie 13 percent of total budget is dedicated to health. Compare this to the Central Government dispensation of approximately 2 percent of the total budget. Why did BJP consider healthcare so important in Delhi but not for the nation ? Is it because Aap Government preceded it in Delhi and BJP wishes to appear progressive to the citizens of Delhi by focussing on health and education. If that is so I wish Aap to form Government at center and then loose again to BJP so that health and education become the focus of governance in our country in future.

Dr Neeraj Nagpal
Managing Trustee,Medicos Legal Action Group (MLAG)
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
SCO 1066-67 Aerodale Market, New Sunny Enclave Sector 123 Mohali 140301
09316517176, 9814013735
HOPE CLINICS;9465109935, 9478082176
email; hopeclinics@yahoo.com, hopeclinics@gmail.com mlagindemnity@gmail.com
For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;
Website; http://www.mlag.in
you can also follow us at https://www.facebook.com/medicoslegalactiongroup

A non profit trust registered at Chandigarh by a group of allopathic doctors from all over the country who wish to legally engage the Govt of India regarding its various policies concerning medical profession, training, working conditions.

07/03/2025

Who is Next to God?

In India today, after the British have left and our princely states have ceased to exist, if anyone is considered next to God, it is not doctors but rather our Judiciary, the IPS/IAS/IRS officers, our politicians, or even criminal gang leaders. The notion that doctors are "next to God"—often used as emotional blackmail by patients in their time of need—raises my hackles. If I were to characterize the patients most likely to turn litigious or violent, it would be those who excessively praise doctors, try to ingratiate themselves, and label them as divine figures.

What we, as medical professionals, seek is simple: fair treatment and non-discrimination.

1) Treat Us Like Other Professionals
a) If advocates have the right to violent protests, at the very least, doctors should be granted the right to peaceful protest.

b) Accountability must be a two-way street. Selective accountability cannot apply to doctors while judges remain largely unchallenged.

c) If the legal profession is deemed "sui generis" and thus excluded from the Consumer Protection Act, the same exemption should apply to the medical profession.

d) If advocates can specialize in various fields of law based on experience rather than qualifications, doctors should also have the right to practice in specialized areas based on experience rather than formal degrees. The trend of superspecialization has inflated healthcare costs, eliminated the general practitioner’s role, and unfairly labeled experienced doctors as quacks. It is impractical to expect every clinic or hospital to have a cardiologist, pediatric cardiologist, neurologist, nephrologist, gastroenterologist, and hepatologist available at all times.

e) If advocates can charge different fees for similar cases, then differential pricing should also be permitted in medicine, especially considering the significant financial risks doctors face when treating high-net-worth individuals who may demand exorbitant compensation in malpractice cases.

f) If advocates are allowed to use their residential premises for professional work without paying commercial utility rates, doctors should also not be forced to pay commercial charges for utilities and property tax.

g) If judges and advocates require a safe working environment, so do doctors.

2) Treat Us Like Any Other Citizen
a) If a citizen cannot be prosecuted multiple times in different courts for the same issue, doctors should not be subjected to multiple judicial and quasi-judicial proceedings for the same complaint.

b) If businesses can advertise their services, doctors should also be allowed to inform the public about their expertise and medical facilities.

c) Like any accused individual, doctors should have the right to legal representation, which is currently denied by several State Medical Councils.

d) Do not justify assaults on doctors by citing emotional distress over a lost relative. Just as the killers of Indira Gandhi were not excused because of their anger over Operation Bluestar, grieving individuals cannot be allowed to take the law into their own hands. If a doctor is negligent, legal proceedings can follow, but violence is never justifiable.

e) If an ordinary citizen can be treated by a doctor relative, doctors should also be allowed the same privilege. Insurance companies often deny cashless facilities or reimbursement if a doctor is treated by their own relative or in their own hospital, which is unjust.

f) Society admires and respects wealthy, successful entrepreneurs, yet a rich, successful doctor is immediately labeled as greedy and unethical. This double standard needs to change.

Conclusion
Doctors do not seek to be placed on a pedestal, nor do we want divine status. We simply ask for the same rights, protections, and privileges as other professionals and citizens. The medical field is challenging, with immense responsibilities and risks. It is only fair that doctors be treated with the respect and legal fairness they deserve.

Dr Neeraj Nagpal
Managing Trustee,Medicos Legal Action Group (MLAG)
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
SCO 1066-67 Aerodale Market, New Sunny Enclave Sector 123 Mohali 140301
09316517176, 9814013735
HOPE CLINICS;9465109935, 9478082176
email; hopeclinics@yahoo.com, hopeclinics@gmail.com mlagindemnity@gmail.com
For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;
Website; http://www.mlag.in
you can also follow us at https://www.facebook.com/medicoslegalactiongroup

A non profit trust registered at Chandigarh by a group of allopathic doctors from all over the country who wish to legally engage the Govt of India regarding its various policies concerning medical profession, training, working conditions.

01/03/2025

Another failed attempt but this time 3 judge bench goes through the petition and then rejects it. Doctors remain within CPA 2019

Dr Neeraj Nagpal
093165 17176
Medicos Legal Action Group

28/02/2025

Why Law abiding ignore the law ?

After the Aruna Shanbaug judgment, the Supreme Court of India opened the door to passive euthanasia. However, the procedure outlined was considered too complicated and time-consuming. In 2018, in the case of Common Cause Society of India vs. Union of India, the Supreme Court laid down steps to withdraw life support for terminally ill patients with no hope of recovery. Despite these guidelines, the process remained cumbersome, prompting the Critical Care Society to approach the Supreme Court once again for simplification. The Court responded by making the procedure more accessible.

Every day, in major hospitals across the country, at least one patient's relatives request doctors to remove life support. When a patient is brought to the emergency department, families initially implore doctors to do everything possible, regardless of the cost. However, after three days in the ICU on a ventilator, financial constraints often weaken their resolve. Many families, unable to bear the mounting expenses of intensive life support, resort to taking loans—both secured and unsecured—while pressuring doctors to either continue treatment or withdraw life support.

Despite the Supreme Court’s efforts to simplify the procedure, we at MLAG observed no significant change on the ground. According to the guidelines, all cases where life support is withdrawn must be documented in a registry maintained by local courts and reported to the respective High Courts. To assess compliance, we filed Right to Information (RTI) requests with nearby High Courts and major hospitals, inquiring about instances where the prescribed procedure for removing life support had been followed.

Our findings were alarming. Except for a single case reported by Fortis Hospital Mohali to the Punjab & Haryana High Court, neither PGIMER, G. B. Pant Hospital, nor SGPGI Lucknow had records of any such cases. Even the Bombay High Court responded negatively when asked for similar information.

This raises a fundamental question: Why is it that neither lawmakers nor the judiciary can create laws that an average law-abiding citizen can follow? The information we obtained suggests that, over the preceding one and a half years, the legal provisions for passive euthanasia have provided little to no relief for those facing this heart-wrenching dilemma. To my simple mind, lawmakers must provide clear, unequivocal answers to the following questions:

Can doctors remove a ventilator from a patient who is not brain-dead but appears incurable at the request of the relatives?

Can doctors withdraw feeding tubes, antibiotics, and other supportive treatments from a patient in a coma or a vegetative state if the relatives request it?

Can doctors remove a ventilator and other life support from a patient who is not suffering from an incurable disease but has issued an advance directive specifying its withdrawal after a particular duration of treatment?

Until these questions are answered with absolute clarity, passive euthanasia will remain a legal concept with little practical impact, leaving families and doctors in an ethical and financial quandary.

Dr Neeraj Nagpal
Managing Trustee,Medicos Legal Action Group (MLAG)
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
SCO 1066-67 Aerodale Market, New Sunny Enclave Sector 123 Mohali 140301
09316517176, 9814013735
HOPE CLINICS;9465109935, 9478082176
email; hopeclinics@yahoo.com, hopeclinics@gmail.com mlagindemnity@gmail.com
For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;
Website; http://www.mlag.in
you can also follow us at https://www.facebook.com/medicoslegalactiongroup

13/02/2025

Dear All

On 30th May 2016 Junior doctors selected for Post graduation went on strike as Government had announced the policy as regards the weightage given to rural service and the matter was in supreme court with likelihood of these newly joined resident doctors being replaced by those who had done rural service as per the scheme. A PIL had been filed in Lucknow Bench of Allahabad High Court by a local advocate on basis of a newspaper report dated 1/06/2016 and a decision was given by the honourable court on 02/06/2016 even though strike had already been called off . The court ordered the Government to pay 25 lacs to family of each of the deceased persons who died due to the strike during those 2 days. This amount was to be recovered from doctors who had gone on strike and criminal and tortious action by appropriate authorities / persons was also part of the order. The case had been filed on 2nd June and decided also on the same date without giving any opportunity to the striking doctors to hear their arguments.
We at Medicos Legal Action Group were very disturbed with the outcome and after consultations decided to approach the honourable Supreme Court. With assistance of Dr M C Gupta, Sh A K Aggarwal Adv. And Sh Siddharth Luthra Senior Advocate, the honourable Supreme Court agreed to send notices to respondents without granting any stay on the High Court order. There were two aspects in the matter;

1) The inordinate hurry in giving a decision with grave implications without hearing arguments of the striking doctors themselves.

2) On what basis was it decided that strike of the doctors was the causa causans for the deaths, or that deaths were not due to factors which cause death in hospitals even where no strike is there by a small fraction of doctors working in it.

3) Whether Doctors have a right to protest peacefully against injustice meted out to them.

This matter has also been clubbed with the Intervention application filed by us in the case of People for Better Treatment vs Secretary Indian Medical Association which is a contempt petition against IMA on the issue of strikes by Doctors where also we have asked to be impleaded in 2019.

Both matters came up for hearing on 11/02/2025 and since we came to know at the last minute we asked for adjournment. We now have a few weeks time to decide how we wish to proceed. Pursuing the matter will be costly and MLAG is devoid of funds. Also we are unaware of what finally happened in Lucknow KGMC after no stay was granted by Supreme Court against the judgment of Lucknow Bench of Allahabad High Court. To decide our course of action we need

1) Funds ; Contributions from everyone if we are going to have any say in Supreme Court at all on such a crucial matter as this basic issue of whether Doctors have basic fundamental rights.

a. Right to protest peacefully
b. Right to be legally represented & heard before a judgment is passed against them.

2) Details of what actions were taken by Government of UP and KGMC administration took in this case

3) Opinion of members of MLAG whether we should pursue the matter at all.

Kindly advise

Dr Neeraj Nagpal
Managing Trustee,Medicos Legal Action Group (MLAG)
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
SCO 1066-67 Aerodale Market, New Sunny Enclave Sector 123 Mohali 140301
09316517176, 9814013735
HOPE CLINICS;9465109935, 9478082176
email; hopeclinics@yahoo.com, hopeclinics@gmail.com mlagindemnity@gmail.com
For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;
Website; http://www.mlag.in
you can also follow us at https://www.facebook.com/medicoslegalactiongroup

A non profit trust registered at Chandigarh by a group of allopathic doctors from all over the country who wish to legally engage the Govt of India regarding its various policies concerning medical profession, training, working conditions.

12/02/2025

Rest in peace sir

I came to know recently that Dr M C Gupta expired last month after prolonged fight with prostratic cancer. He was a doyen of both the medical as well as the legal field and inspired many doctors to study law. Having done his graduation and post graduation from AIIMS Delhi where he worked for 18 years and became Dean of medical studies. He thereafter went on to become a lawyer and is the only person I know who got registered in Bar Council without relinquishing his MCI registration.

His response to legal queries of doctors was always very precise and researched. He encouraged me to make Medicos Legal Action Group of which he was the first of the 1250 registered members. He insisted we respect his legal profession and pay him professional charges (much discounted) for his legal services and would then donate also to us so as to keep us afloat. He was awarded the MLAG T Sethulaxmi award at our 5th Annual Conference held at Delhi for improving medicolegal literacy among doctors.

He held strong views and I would often find myself at receiving end of his criticism, but that never diminished the respect I had for him as a person. The arguments I have had with him always stimulated me to read and do more research on particular questions of law. Few know his love for poetry. He helped many doctors who found themselves in legal trouble professionally and also guided us at MLAG in our writ petitions and PILs filed by us on common cause issues. Rest in peace sir. You will be missed by all of us.

Dr Neeraj Nagpal
Managing Trustee,Medicos Legal Action Group (MLAG)
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
SCO 1066-67 Aerodale Market, New Sunny Enclave Sector 123 Mohali 140301
09316517176, 9814013735
HOPE CLINICS;9465109935, 9478082176
email; hopeclinics@yahoo.com, hopeclinics@gmail.com mlagindemnity@gmail.com
For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;

03/02/2025

Budget Windfall: A Hollow Boost for Healthcare

The latest union budget claims to have given healthcare a "boost," yet the sector receives a mere 0.97% of the total budget outlay of ₹50.1 crore. The next time a patient complains about expensive healthcare, this figure should serve as a stark reminder of the government's priorities. Healthcare was not the focus of this budget—nor has it ever been a priority for our political class. And it won’t be, unless citizens become aware and start demanding quality healthcare from the state instead of falling for superficial welfare gimmicks.

Unfortunately, awareness remains low, largely because our rulers do not want an educated youth capable of questioning these systemic failures. Even degree holders often lack the knowledge to recognize how the country is being misled in the name of “welfare.”

The Illusion of Welfare in Healthcare
The best way to ensure citizens’ well-being is to provide high-quality, affordable healthcare. However, instead of investing in strengthening public healthcare, the government pushes schemes like Ayushman Bharat, which equates public and private hospitals, paying both the same rates despite their vastly different funding structures. A government-run hospital is entirely funded by public money, whereas private hospitals operate under market forces. Treating them as equals is not only impractical but also detrimental to the sustainability of private healthcare.

Government hospitals must provide free treatment to the poor, while private healthcare should complement—not be controlled by—government policies. Unfortunately, private hospitals are burdened by excessive compliance requirements and restrictive legislation, forcing them to operate under government dictates rather than market efficiency.

Numbers That Don’t Add Up
The ₹9,400 crore allocated to Ayushman Bharat is expected to cover hospitalization expenses for 60 crore people—which amounts to just ₹156 per person. The government seems to rely on the assumption that most of these 60 crore beneficiaries won’t even be aware of their entitlements. This bureaucratic gamble allows for such an inadequate allocation, banking on the ignorance of the masses.

Meanwhile, hospitals across India are struggling with delayed or denied payments under Ayushman Bharat. But the real objective of the scheme seems less about actually providing free treatment and more about creating the illusion of it. The government wants to "claim" it is offering free healthcare without actually ensuring its delivery.

Token Measures, Missed Priorities
Some cancer and life-saving drugs have seen reductions or exemptions in custom duties, but the question remains—why did such essential medicines have these tariffs in the first place? While this move is welcome, it is merely a small patch on a deeply flawed system.

Similarly, the plan to set up cancer daycare centers in district hospitals lacks specifics, making it an uninspiring and underwhelming step toward addressing a major healthcare crisis.

Another questionable move is the decision to introduce 10,000 new MBBS seats this year. When many MBBS graduates are already unemployed or underemployed, does it make sense to flood the market with more doctors instead of focusing on improving existing medical infrastructure and job opportunities?

A Call for Real Reform
If the government is serious about healthcare reform, it must move beyond headline-grabbing schemes and focus on fundamental changes:

Strengthening public hospitals with better funding, staffing, and infrastructure.
Ensuring timely payments to private hospitals under government schemes.
Eliminating unnecessary tariffs on life-saving drugs permanently.
Addressing doctor unemployment through better planning rather than simply increasing MBBS seats.
Without meaningful action, these so-called “boosts” to healthcare will remain nothing more than political rhetoric, leaving millions of Indians without access to the quality care they deserve.

Dr Neeraj Nagpal
Managing Trustee,Medicos Legal Action Group (MLAG)
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
SCO 1066-67 Aerodale Market, New Sunny Enclave Sector 123 Mohali 140301
09316517176, 9814013735
HOPE CLINICS;9465109935, 9478082176
email; hopeclinics@yahoo.com, hopeclinics@gmail.com mlagindemnity@gmail.com
For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;
Website; http://www.mlag.in
you can also follow us at https://www.facebook.com/medicoslegalactiongroup

A non profit trust registered at Chandigarh by a group of allopathic doctors from all over the country who wish to legally engage the Govt of India regarding its various policies concerning medical profession, training, working conditions.

31/01/2025

Why does my clinic need Indemnity Insurance when I am already insured ?

In discussions about indemnity insurance, I often encounter the question: If a doctor operates a small clinic, day care center, or nursing home and has personal insurance against allegations of professional negligence, is it still necessary to obtain an Errors & Omissions Policy for the clinical establishment? Recent legal judgments provide compelling reasons to answer this question affirmatively.

https://medicaldialogues.in/news/health/medico-legal/injured-patient-falls-from-hospital-trolley-dies-ncdrc-upholds-rs-10-lakh-compensation-against-hospital-doctor-142451 #:~:text=New%20Delhi%3A%20The%20National%20Consumer,undergoing%20treatment%20at%20the%20hospital.

Consider this recent case decided by NCDRC where a patient fell from a trolley being pushed by a class 4 attendant and subsequently died. Clearly, this incident does not fall under the doctor’s professional negligence. Nonetheless, the clinic or nursing home will be sued, and the insurer may deny liability, as coverage was only provided for Dr. XYZ, who had no involvement in the incident.

Similarly, imagine an orthopedician Dr ABC working in a proprietorship establishment DEF Clinics. If an anesthetist administers anesthesia to a child with a fracture, and the child suffers a cardiac arrest—despite the orthopedician not having initiated the surgery—both the anesthetist and the clinical establishment will be held liable. The orthopedist's indemnity insurance will not cover this scenario because there are no allegations directed at him.

Another example involves a gynecologist who delivers a premature baby in her nursing home, where a visiting pediatrician oversees the infant's care. After seven days, the baby—under the pediatrician's supervision—is discharged at the request of the relatives. Later, the child is diagnosed with Retinopathy of Prematurity (ROP), leading to a lawsuit against both the pediatrician and the nursing home. The insurers refuse to cover the claim since the policy only covers Dr. XYZ and not the CDF Nursing Home.

In a similar vein, a child brought to an imaging center owned by Dr. IJK—a radiologist insured for 2 crores—faces complications due to uncooperative behavior, necessitating sedation by an anesthetist. Unfortunately, the child suffers a cardiorespiratory arrest. The case is filed against the anesthetist and the FGH Imaging Center, but not against Dr. IJK. Once again, the insurance company declines to cover the risk, as the imaging center was not included in the policy.

Summary
Even in proprietorship-based clinical establishments, it is crucial to secure not only personal professional indemnity insurance for the doctor but also an Errors & Omissions Policy for the establishment itself. This dual coverage approach ensures comprehensive protection against potential legal claims that may arise from incidents occurring within the clinical setting, thereby safeguarding both the healthcare provider and the establishment.

Dr Neeraj Nagpal
Managing Trustee,Medicos Legal Action Group (MLAG)
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
SCO 1066-67 Aerodale Market, New Sunny Enclave Sector 123 Mohali 140301
09316517176, 9814013735
HOPE CLINICS;9465109935, 9478082176
email; hopeclinics@yahoo.com, hopeclinics@gmail.com mlagindemnity@gmail.com
For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;
Website; http://www.mlag.in
you can also follow us at https://www.facebook.com/medicoslegalactiongroup

A non profit trust registered at Chandigarh by a group of allopathic doctors from all over the country who wish to legally engage the Govt of India regarding its various policies concerning medical profession, training, working conditions.