SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(SC) 1595

D. Y. CHANDRACHUD, A. S. BOPANNA, J. B. PARDIWALA
Devarakonda Surya Sesha Mani – Appellant
Versus
Care Hospital, Institute of Medical Sciences – Respondent


Advocates appeared:
Mr. Nimish Chib, Advocate, Mr. K.P. Sundar Rao, Advocate, Mr. Sanjeev Kumar, Advocate, Mr. Badal Dayal, Advocate, Mr. Awdhesh Kumar Dubey, Advocate, Mr. Nischal Kumar Neeraj, Advocate, Ms. Banisha Verma, Advocate, Ms. Smerity Runi, Advocate, Mr. Suraj Prakash Pandey, Advocate, Ms. Manshi Bhushan, Advocate, For the Appellant / Mr. M. Srinivas R. Rao, Advocate, Mr. Abid Ali Beeran P, Advocate, Mr. Sarath Janardhan, Advocate, For the Respondent.

ORDER

1. The National Consumer Disputes Redressal Commission[1] has considered the evidentiary material which was produced in support of the complaint alleging medical negligence. While dismissing the complaint by its impugned order dated 24 March 2021, the NCDRC has not found any act of medical negligence.

[1] 'NCDRC'

2. Unless the appellants are able to establish before this 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 first appellant. In the absence of any such material disclosing medical negligence, we find no justification to form a view at variance with the view which was taken by the NCDRC. Every death in an institutionalized environment of a hospital does not necessarily amount to medical negligence on a hypothetical assumption of lack of due medical care.

3. In the circumstances and having due regard to the test which has been laid down by this Court in its decisions governing medical negligence, we see no reason to entertain the appeal. The appeal is accordingly dism

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top