Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CONSUMER PROTECTION ACT 1986 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CONSUMER PROTECTION ACT, 1986:Deficiency in service - Medical negligence - Patient with renal failure admitted in hospital - Death of patient under treatment in hospital - Comp/amt against doctors and hospital - Dismissed by National Commission - HELD.· The record shows the unanimous decision of the State Medical Council that there was no negligence on the part of medical practitioners - Besides, the relative of patient had refused Haemodialysis and Pneumothorax on her risk - The record shows that before the patient was brought to hospital, renal failure had already taken place - The allegations made in the complaint do not make out a case of negligence or deficiency in service on the part of the doctors and the Hospital - There is no infirmity or perversity in the findings recorded by Commission warranting any interference in appeal. On 14.7.1989, the sister of the complainant-appellant was admitted in respondent no. 7-Hospital. She died on 20.8.1989. In the complaint before the National Consumer Disputes Redressal Commission, it was alleged that the patient died due to the negligence of the respondent doctors. The respondents filed their written statements. The appellant could not lead evidence of any expert doctor t in support of her complaint and stated before the Commission that no expert doctor was willing to give any opinion against the respondent-doctors and the hospital. The counsel for the respondents stated before the Commission that they did not intend to cross-examine the appellant nor did any of them appear in support of his/ . her defence as pleaded in the written statements. On · consideration of the material on record, the National Commission dismissed the complaint holding that the complainant was not able to establish a case of medical B negligence against the respondents. Aggrieved, the complainant filed the appeal. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2009 INSC 398 |
Petitioner | Ms. Ins. Malhotra |
Respondent | Dr. A. Kriplani & Ors. |
SCR | [2009] 4 S.C.R. 1062 |
Judgement Date | 2004-03-24 |
Case Number | 1386 |
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