NDLI: Arun Kumar Manglik Vs. Chirayu Health and Medicare Private Ltd. & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	professional misconduct Medical Council of India Complaint NCDRC Medical Negligence no timely treatment
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 1986 (68 of 1986)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Negligence:Medical Negligence – Complaint before Medical Council of India – Alleging medical negligence leading to death of the wife ofthe complainant – Medical Council found that treatment given was not timely and the Director of the Hospital and the other doctor,both were guilty of professional misconduct – The Council issued awarning to the doctors directing them to be more careful in future –Complaint before State Consumer Disputes Redressal Commission(SCDRC) seeking compensation of Rs. 48 lakhs – SCDRC held that medical negligence was established and awarded compensation of Rs.6 lakhs with interest @ 9% – National Consumer Disputes Redressal Commission (NCDRC) reversing the finding of SCDRC,rejected the claim of the complainant – On appeal, held: The medical treatment provided in the present case was not in accordance with WHO Guidelines as well as Guidelines prescribed by the Directorate of National Vector Borne Diseases Control Programme – Thus, the respondent-hospital failed to satisfy the standard of reasonable care as laid down in the *Bolam case – NCDRC without any cogent reason, reversed the findings of fact reached by SCDRC – However,since the Director of the hospital was not a treating doctor nor the referring doctor, hence cannot be held personally liable for medical negligence – The respondent-hospital is held liable for medical negligence – The compensation granted by SCDRC is also inadequate and hence it is enhanced to Rs. 15 lakhs with interest@ 9% – Consumer Protection Act, 1986.Medical Negligence – Ascertainment of – Held: A medical practitioner would be liable for medical negligence only where the conduct falls below the standards of a reasonably competent practitioner in the field – While adopting standard of care, Indian courts must be conscious of the fact that a large number of hospitals and medical units in the country, do not have access to latest technology and medical equipment – The threshold to prove unreasonableness is set with due regard to the risks associated with medical treatment and the conditions under which medical professionals function – Where unreasonableness in professional conduct has been proved, a professional cannot escape liability for medical evidence merely by relying on a body of professional opinion.Compensation:Compensation for the death of home-maker spouse who is not employed – Held: Contribution made by a non-working spouse to the welfare of the family has an economic equivalence – Therefore,for computing compensation payable for the death of a home-maker,the Court must bear in mind that the contribution is significant and capable of being measured in monetary terms.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 43
Petitioner	Arun Kumar Manglik
Respondent	Chirayu Health And Medicare Private Ltd. & Anr.
SCR	[2019] 3 S.C.R. 281
Judgement Date	2019-01-09
Case Number	227

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Arun Kumar Manglik Vs. Chirayu Health and Medicare Private Ltd. & Anr.

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Arun Kumar Manglik Vs. Chirayu Health and Medicare Private Ltd. & Anr.

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