Medical practitioners are not liable for negligence if they followed accepted protocols, and the outcome was due to the patient's pre-existing conditions.

1. Heard Mr. Prashant Bhushan (Senior Advocate), assisted by Mr. Abhimanue Shrestha, Advocate, for the complainants and Mr. Statish Tamta, Sr. Advocate, assisted by Mr. Shariq Iqbal, Advocate and Mr. Dhruv Tamta, Advocate, for opposite parties - 1 and 3, Mr. Rohit Puri, Advocate, for opposite parties - 2, 4 and 5, and Ms. Shyel Trehan, Advocate, for oppositeparties - 6 to 10.

2. Mrs. Pushpa Verma, Mrs. Shubhra Verma Bhatnagar and Dr. (Mrs.) Rashmi Mathur have filed above complaint, for directing the opposite parties to pay exemplary damage & compensation of Rs.10,00,00,000; and any other relief which is deemed fit and proper in the facts and circumstances of the case, alleging Medical Negligence in treatment of Justice J.S. Verma (Retd. Chief Justice Of India), resulting in his death. To pursue the principles of Justice J.S. Verma lived for, the complainants approached this Commission, to ensure that the guilty do not go unpunished. The Complainants intend to put the compensation, if awarded in the present matter in a Trust in the name of Justice Verma, which would be utilized for charitable causes

3. The complainants stated as follows:
(a) Late Justice J.S. Verma was the husband of complainant - 1 and father of complainants - 2 & 3. Justice J.S. Verma retired from the post of Chief Justice of India on 18.1.1998. Thereafter, he worked as Chairman, National Human Rights Commission, India during 1999 to 2003. After Nirbhaya gang rape and brutal murder case, Government of India formed a three members Commission, on 16.12.2012, in which he was chairperson, widely known as Verma Commission, to recommend for amendment in criminal laws for the effective prosecution of the culprit in the rape and sexual offences. After hectic efforts and working continuously for18 to 20 hours in a day, he submitted report on 23.1.2013. The said report was acknowledged and acclaimed worldwide. Pursuant to the said report, several amendments have been brought in the Criminal Law by the Criminal Law Amendment Act, 2013.
(b) While serving as the Judge, Supreme Court of India, Justice J.S. Verma underwent to a routine cardiology check - up, including coronary angiogram in 1993 and was diagnosed with asymptomatic Coronary Artery Disease. The same was well managed by healthy life style, regular medical check - ups, adherence to medical advice, compliance with intake of prescribed medications, diet and exercise. He was a very active and healthy man, who used to take good care of his health. On advise of Dr Yugal Mishra, a Cardiac Surgeon, who had performed a cardiac surgery of his wife in June, 2012, Justice J.S. Verma underwent to a complete executive check - up, i.e. Blood Test, including a Liver Function Test (LFT) at Fortis Escorts Hospital on 30.11.2012, which showed significant abnormal liver functions (out of the normal range blood test results for liver function). Test report was submitted to Dr. Piyush Jain (opposite party - 5) of Fortis Escorts Hospital, on 19.12.2012, who just noted it, in the records. He did not advise for any further investigation or medication.
(c) Justice J.S. Verma, developed swelling in his left leg. He consulted with Dr. V. A. Bharadwaj (opposite party - 3), who was his family doctor, in this respect, who got him admitted to Bhardwaj Nursing & Maternity Home on 12.3.2013, where he was under treatment of Dr. V.A. Bharadwaj (Medicine) and Dr. Sanjiv Bharadwaj (Cardiologist) (opposite party - 2) during 12.3.2013 to 14.3.2013. On examination, atrial fibrillation (irregular heart rhythm) was diagnosed. Dr. Sanjiv Bharadwaj advised various tests including the Liver Function Test and Clotting Tests. The result of these tests reports clearly showed significantly deranged liver function and very significantly abnormal blood coagulation (clotting). Dr. Sanjiv Bharadwaj prescribed the tablet Dabigatran (Pradaxa) with combination of Clopidogrel and Amiodarone and other medicines. He was discharged on 14.3.2013, with an instruction for revi