NDLI: Maharaja Agrasen Hospital & Ors. Vs. Master Rishabh Sharma & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	00 Medical Negligence 000/- awarded ROP test pre-term baby compensation of Rs. 76 Vicarious Liability
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Medical Negligence – Respondents Nos. 1 to 3-complainants filed a complaint of medical negligence against appellant No. 1- hospital and appellant Nos. 2 to 4-the Paediatricians and ophthalmologist doctors working with the hospital and respondent No. 4-the Gynaecologist before the National Consumer Disputes Redressal Commission – NCDRC held the appellant no. 1-hospital guilty of medical negligence, since they failed to carry out the mandatory check up of Retinopathy of Prematurity (ROP) on respondent No. 1, who was a pre-term baby, which led to his total blindness and appellants Nos. 1 to 4 were jointly held liable to pay the total amount of Rs. 64,00,000/- – On appeal, held: The appellants owed a legal duty of care to the complainants/ respondents Nos. 1 & 2 – The failure to inform the respondent No.2- mother of the respondent No. 1 of the necessity to have the ROP test conducted in the case of a pre-term baby and the high risk involved which could lead total blindness, was a breach of duty – Furthermore, the failure to carry out the ROP test, which is mandated by standard protocol, while the baby was under their direct care and supervision from birth till he was 3 and 1/2 months old, amounted to gross negligence by the doctors and deficiency of service by the hospital – Besides, there was inordinate delay of over 2 years by appellant Nos. 1 in making the medical records of respondent no.1 available to respondent no.2 and same would constitute a grave professional misconduct u/regn. 7 of the IMC regulations, apart from being a gross deficiency in service – The findings of the NCDRC affirmed and compensation of Rs. 76,00,000/- awarded to respondent no. 1 – Consumer Protection – Deficiency in service – Indian Medical Council (Professional Conduct, Etiquettes and Ethics) Regulations, 2002 – Regulation 1.3.2.Medical negligence – Constituents of – Held: Medical negligence comprises of the following constituents: (1) A legal duty to exercise due care on the part of the medical professional; (2) failure to inform the patient of the risks involved; (3) the patient suffers damage as a consequence of the undisclosed risk by the medical professional; (4) if the risk had been disclosed, the patient would have avoided the injury; (5) breach of the said duty would give rise to an actionable claim of negligence.Medical negligence – Cause of action for – Held: The cause of action for negligence arises only when damage occurs, since damage is a necessary ingredient of this tort – In a complaint of medical negligence, the burden is on the complainant to prove breach of duty, injury and causation – The injury must be sufficiently proximate to the medical practitioner’s breach of duty – In the absence of evidence to the contrary adduced by the opposite party, an inference of causation may be drawn even though positive or scientific proof is lacking. Doctrines/Principles – Vicarious Liability – discussed. Medical Negligence – Bolam Test – discussed.
Judge	Hon'ble Ms. Justice Indu Malhotra
Neutral Citation	2019 INSC 1378
Petitioner	Maharaja Agrasen Hospital & Ors.
Respondent	Master Rishabh Sharma & Ors.
SCR	[2019] 16 S.C.R. 1185
Judgement Date	2019-12-16
Case Number	6619

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