2023 Supreme(SC) 1072

SUPREME COURT OF INDIA
HRISHIKESH ROY, MANOJ MISRA, JJ.
M.A. Biviji - Appellant
Versus
Sunita & Ors. - Respondents
Civil Appeal No. 3975 Of 2018 With Civil Appeal No. 4847 Of 2018 And Civil Appeal No. of 3976 2023 (Arising out of Diary No. 21513 Of 2018)
Decided On : 19-10-2023

IMPORTANT POINT
Medical negligence – Medical Practitioners will be held liable for negligence only in circumstances when their conduct falls below standards of a reasonably competent practitioner – A line of treatment undertaken should not be of a discarded or obsolete category in any circumstance – To hold a medical practitioner liable for negligence, a higher threshold limit must be met.

Headnote:

(A) Torts – Medical negligence – Medical Practitioners will be held liable for negligence only in circumstances when their conduct falls below standards of a reasonably competent practitioner – Due to unique circumstances and complications that arise in different individual cases, coupled with constant advancement in medical field and its practices, it is natural that there shall always be different opinions, including contesting views regarding chosen line of treatment or course of action to be undertaken – In such circumstances, just because a doctor opts for a particular line of treatment but does not achieve desired result, they cannot be held liable for negligence, provided that said course of action undertaken was recognized as sound and relevant medical practice – A line of treatment undertaken should not be of a discarded or obsolete category in any circumstance – To hold a medical practitioner liable for negligence, a higher threshold limit must be met – Complainant should be able to prove a breach of duty and subsequent injury being attributable to the breach as well, in order to hold a doctor liable for medical negligence – On other hand, doctors need to establish that they had followed reasonable standards of medical practice. (Paras 36, 37 and 38)

(B) Consumer Protection Act, 1986 – Section 23[Consumer Protection Act, 2019 – Section 67] – Medical services – Medical negligence – Facture suffered in accident – Multiple post-treatment complications – Compensation of Rs. 6,11,638/- alongwith 9% interest and cost of Rs.50,000/- awarded by NCDRC – Patient was treated and underwent different procedures at multiple hospitals – She underwent ‘TT’ procedure at Gondia Hospital in an emergency situation – Subsequently, she was attended to by multiple medical experts at Suretech Hospital – There is a possibility that these medical complications could have arisen at any of these hospitals or places where patient underwent treatment – This is a classic case of human fallibility where doctors tried to do the best for patient as per their expertise and emerging situations – However, desired results could not be achieved – Looking at line of treatment in present matter, it cannot be said with certainty that it was a case of medical negligence – Impugned judgment awarding Rs. 6,11,638/- as compensation @ 9% simple interest p.a. on account of medical negligence committed by single act of performing ‘NI’ procedure, found to be erroneous and set aside. (Paras 51, 55 and 56)

Facts of the case:

Main contention arising in Civil Appeals that needs to be addressed is whether act of conducting ‘NI’ procedure on respondent on 13.05.2004 at Suretech hospital, while removing existing ‘TT’ after Bronchoscopy report indicated normalcy in Respondent’s airways, amounts to negligence or not. In case answer arrived at is in affirmative, it needs to be further ascertained whether subsequent medical complications in form of permanent respiratory tract deformity as well as voice loss suffered by respondent can solely and directly be attributed to this single or specific negligent act.

Findings of Court:

Appeal filed by Dr. M.A Biviji (Civil Appeal No. 3975 of 2018) as well as the appeal filed by Dr. Nirmal Jaiswal, Dr. Madhusudan Shendre and Suretech Hospital (Civil Appeal arising out of Diary No. 21513 of 2018) are allowed to the extent that charges attributing medical negligence to Suretech Hospital, Dr. Biviji, Dr. Jaiswal, and Dr. Shendre are found not proved. Appeal filed by Mrs. Sunita (Civil Appeal No. 4847 of 2018) is accordingly dismissed.

Result : Appeals partly allowed.