Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 |
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 – Medical Negligence – Vicarious liability of the Hospital vis-a-vis the Operating Surgeon – Appellant’s son-patient complained of abdominal pain, fever and haemorrhage in both eyes – Referred by the physician to the Hospital-original Opposite Party No.1 – He was taken to the said Hospital where he was operated upon when the platelets count was 35000 per cubic millimeter (cu.mm) – Since the patient was bleeding, the relatives of the patient took discharge from the Hospital and on the same date admitted him to another Hospital where he died– SCDRC held that the operating surgeon (respondent no.1) was medically negligent in operating the patient when the platelets count was so low and inter alia awarded Rs.4 lakhs as compensation to be paid by the Hospital and Rs.2 lakhs by respondent no.1 – NCDRC set aside the compensation awarded against respondent no.1 holding that Rs.4 lakhs awarded against the hospital is just compensation – On appeal, held: At the time of admission, the recorded history of the patient was complaint of pain in abdomen, fever and haemorrhage in both eyes for the past five days – However, there is no evidence of critical condition of the patient to be operated upon even with low platelet count – Surgery is not proved to be of immediate necessity or the only life saving option to save life of a patient who had critical platelet count – Action to operate upon the patient cannot be said to be prudent decision – It is a case of unreasonable decision of the Operating Surgeon to operate and not a case of “bit negligent” so as to absolve the surgeon from the allegation of medical negligence – Finding of NCDRC set aside to that extent – When the SCDRC awarded Rs. 6 lakhs as compensation, the NCDRC should not have interfered with the amount of compensation but could apportion the amount payable by the Operating Surgeon to the Hospital as the liability of Hospital to pay the amount of compensation was vicarious as the death occurred during the course of employment of Operating Surgeon with the said Hospital – Entire amount of Rs.6 lakhs is payable by the Hospital which would be just compensation in the facts and circumstances of the present case – Enhanced compensation of Rs.2 lakhs be paid by the Hospital along with interest at the rate of 6% per annum from the date of the order passed by SCDRC. |
Judge | Hon'ble Mr. Justice R.S. Sarkaria |
Neutral Citation | 1978 INSC 88 |
Petitioner | Nand Kishore Prasad |
Respondent | State Of Bihar And Ors. |
SCR | [1978] 3 S.C.R. 708 |
Judgement Date | 1978-04-19 |
Case Number | 2313 |
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