Every death on hypothetical assumption of lack of due medical care in hospital does not necessarily amount to medical negligence: Supreme Court
The Supreme Court ruled that every death on a hypothetical assumption of lack of due medical care in hospital does not necessarily amount to medical negligence.
Background
The National Consumer Disputes Redressal Commission has considered the evidentiary material which was produced in support of the complaint alleging medical negligence. While dismissing the complaint by its impugned order, the NCDRC has not found any act of medical negligence.
Decision
The three Judges bench of Justice Dhananjaya Y Chandrachud, Justice A S Bopanna and Justice J B Pardiwala stated that unless the appellants are able to establish before the Court any specific course of conduct suggesting a lack of due medical attention and care, it would not be possible for the Court to second-guess the medical judgment of the doctors on the line of medical treatment which was administered to the spouse of the appellant.
The court found no justification to form a view at variance with the view which was taken by the NCDRC in the absence of any such material disclosing medical negligence.
The court in the circumstances and after having due regard to the test which has been laid down by the Court in its decisions governing medical negligence, dismissed the appeal.
Case title: Devarakonda Surya Sesha Mani & Ors v/s Care Hospital, Institute of Medical Sciences & Ors
Citation: Civil Appeal No 4596 of 2022
