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25 November 2024

Healthcare | July And August 2024 - Case Laws

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The Supreme Court of India ("Supreme Court"), in the case of Sun Pharmaceutical Industries Ltd. vs. Union of India and Others, has upheld the recovery demand issued by the National Pharmaceutical Pricing Authority...
India Food, Drugs, Healthcare, Life Sciences

Supreme Court upholds the Delhi High Court decision against Sun Pharma for overpricing medicine

The Supreme Court of India ("Supreme Court"), in the case of Sun Pharmaceutical Industries Ltd. vs. Union of India and Others,1 has upheld the recovery demand issued by the National Pharmaceutical Pricing Authority against Sun Pharmaceutical Industries Limited for selling overpriced drugs. The Supreme Court also stated that the purpose of Drugs (Price Control) Order, 1995 is to control prices of medicinal drugs for the common man, and it cannot be subjected to a narrow interpretation.

Supreme Court directs Centre regarding implementation of National Commission for Allied and Healthcare Professions Act, 2021

The Supreme Court, in the case of Joint Forum of Medical Technologists of India (Jfmti) and Others vs. Union of India and Others,2 has directed the Union Government and the respective State Governments to take necessary steps to implement the provisions of the National Commission for Allied and Healthcare Professions Act, 2021, on or before October 12, 2024. Further, the Secretary of MoHFW was directed to convene an online meeting within a period of 2 (two) weeks from the date of this order, with all the State secretaries of MoHFW to lay down a road map for implementing the provisions of the National Commission for Allied and Healthcare Professions Act, 2021.

Formation of 'National Task Force' by the Supreme Court for medical professionals' safety

The Supreme Court has issued an order3 in the suo motu case taken over the rape and murder of a trainee doctor at the RG Kar Medical College Hospital, Kolkata, ordering the formation of a 'National Task Force' to give recommendations on the modalities to be followed all over the country to ensure the safety and well-being of medical professionals.

National Consumer Disputes Redressal Commission: If a doctor follows an acceptable practice, they are not liable for negligence

TheNational Consumer Disputes Redressal Commission, in the case of Sri Balaji Action Medical Institute vs. Tilak Raj Sikri,4 held that a lack of care or an error in judgment does not automatically prove negligence. If the doctors have followed an acceptable practice they are not liable for negligence, even if a better alternative exists.

Footnotes

1 2024 LiveLaw (SC) 487

2 W.P.(C) No. 983/2023

3 SMW (Crl) No 2 of 2024

4 F.A. No. 1882/2018

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