NDLI: Vinod Jain Vs. Santokba Durlabhji Memorial Hospital & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Consumer Protection Act Medical negligence Claim for compensation 1986 no evidence to show deviation from protocol
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Rajasthan Medical Act, 1952 (13 of 1952) Consumer Protection Act, 1986 (68 of 1986)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Consumer Protection Act, 1986: Medical negligence – Claim for compensation – The wife of the claimant-appellant who was suffering from various diseases was admitted on 15.10.2011 in respondent no.1-Hospital and was treated by respondent no.2-Doctor on account of fever and chills and dislodgement of nasal feed tube – Nasal feed tube was reinserted and various tests were done which showed infection and her medical treatment commenced with intravenous administration of injection – As per the medical reports, the cannula used for treatment stopped working and as thepatient displayed normal vitals, respondent no.2 prescribed a further antibiotic tablet to be orally administered through the nasaltube – On 18.10.2011, she was discharged from hospital and was prescribed to continue antibiotic tablet for 5 days post discharge,which was administered to her as per the appellant – On 23.10.2011,she was again admitted in another hospital where she was put on life support ventilation system and as her condition deteriorated she was shifted to Fortis Hospital – On 31.10.2011, she died –Claim petition filed by appellant against respondents before State Commission which directed respondents to pay to the appellant compensation of Rs.15 lakhs and cost of Rs.51000/- – National Commission exonerated the respondents of any medical negligence opining that at the highest it could be termed as a case of wrong diagnosis and certainly not one of medical negligence – Held: The approach adopted by the National Commission cannot be said to be faulty, while dealing with the role of the State Commission, which granted damages on a premise that respondent No.2-Doctor could have pursued an alternative mode of treatment – Such a course of action, as a super-appellate medical authority, could not have been performed by the State Commission – There was no evidence to show any unexplained deviation from standard protocol – The deceased was medically compromised by the reason of her past illnesses and was admitted to two other hospitals, post her discharge from respondent No.1-Hospital – The medical certificate issued for the cause of death by the Fortis Hospital cited septic shock due to multiple organ failure as the immediate cause of death, with her diabetic condition being an antecedent cause, as also the multiple malignancies, post chemotherapy and radiotherapy all contributing to her passing away – There was no fault in the reasoning of the National Commission – Negligence.Consumer Protection Act, 1986: Medical negligence –A doctor cannot be said to be negligent if he is acting in accordance with a practice accepted as proper by a reasonable body of medical men skilled in that particular art, merely because there is a body of such opinion that takes a contrary view – A liability would only come, if (a) either the person (doctor) did not possess the requisite skills, which he professed to have possessed;or (b) he did not exercise, with reasonable competence in a given case, the skill which he did possess – It is not necessary for every professional to possess the highest level of expertise in that branch in which he practices – Negligence.Words and Phrases: Negligence – Meaning of.
Judge	Hon'ble Mr. Justice Sanjay Kishan Kaul
Neutral Citation	2019 INSC 266
Petitioner	Vinod Jain
Respondent	Santokba Durlabhji Memorial Hospital & Anr.
SCR	[2019] 4 S.C.R. 843
Judgement Date	2019-02-25
Case Number	2024

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