Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Medical negligence Services of Doctors |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CONSUMER PROTECTION ACT, 1986:Services of Doctors - Medical negligence - Patient suffering from renal failure - Already undergoing haemodialysis - Treatment - Certain medicines prescribed - Patient complaining hearing impairment - Approaching National Consumer Disputes Redressal Commission for compensation - Commission allowing the complaint and awarding compensation -Appeal by Doctor- Held: Since the patient was not only suffering from renal failure, but also from urinary tract infection and blood infection, as also high urea, the doctor had naturally to take a drastic measure to attempt to save the life of the patient - Situation was aggravated by the non-cooperation of the patient - Extraordinary situations E require extraordinary remedies - If the Doctor chose to save " the life of the patient rather than his hearing surely he cannot ~ be faulted - Thus in the facts of the case, the doctor was not guilty of medical negligence - Consumer Fora/Criminal Court should first refer the matter to a competent doctor or Committee of doctors specialized in the field and when prima facie case of medical negligence is attributed, then only issue notice to a doctor or hospital against whom complaint made - Direction issued - Warning to police officials not to arrest doctors in such cases unless the facts clearly come within the parameters laid down in Jacob Mathew's case - Penal Code, 1860, s.304A - Negligence. This appeal has been filed by a Doctor, whose patient had alleged medical negligence against him leading to hearing impairment and got certain amount of compensation from the National Disputes Redressal Commission. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2009 INSC 197 |
Petitioner | Martin F. D`souza |
Respondent | Mohd. Ishfaq |
SCR | [2009] 3 S.C.R. 273 |
Judgement Date | 2009-02-17 |
Case Number | 3451 |
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