Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection – Medical negligence – When not – Complaint filed against appellants-hospital and doctor, alleging medical negligence in treating the patient-deceased – Compensation awarded by NCDRC – On appeal, held: Patient was in serious condition impending gangrene even before admission to the hospital – Thus, even after surgery and re-exploration, if the patient does not survive, the fault cannot be fastened on the doctors as a case of medical negligence – A doctor is expected to provide reasonable care which is not proved to be lacking in the present case – Complainant led no evidence of experts to prove the alleged medical negligence except their own affidavits – Medical record produced does not show any omission in the manner of treatment – Experts of different specialities and super-specialities of medicine were available to treat the patient – Sole basis of finding the appellants negligent was res ipsa loquitor which would not be applicable keeping in view the treatment record produced by the hospital and the doctor – There was never a stage when the patient was left unattended – Digital Sub-Traction Angiography (DSA test) was conducted by the hospital however, since it became dysfunctional, considering the critical condition of the patient, an alternative angiography test was advised and conducted and the re-exploration was thus planned – If the operation theatres were occupied at the time when the operation of the patient was contemplated, it cannot be said that there is a negligence on the part of the hospital – Order passed by NCDRC set aside – Complaint dismissed. Tort – res ipsa loquitor – Applicability of – Discussed. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 801 |
Petitioner | Bombay Hospital & Medical Research Centre |
Respondent | Asha Jaiswal & Ors. |
SCR | [2021] 10 S.C.R. 1118 |
Judgement Date | 2021-11-30 |
Case Number | 1658 |
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