In a case arising out of the final judgment of the National Consumer Dispute Redressal Commission, a three judges bench of the Supreme Court consisting of Justice DY Chandrachud, Justice AS Bopanna and Justice JB Pardiwala ruled in a very brief judgment that every death which takes place in a hospital does not amount to Medical Negligence.  The court held that “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.”

Supreme Court was hearing an appeal against the dismissal of the complaint by the NCDRC, the Supreme Court observed that while dismissing the complaint by its impugned order, the NCDRS has not found any act of medical negligence.

The Apex Court held 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 doctor on the line of medical treatment which was administered to the spouse of the first appellant.

Read the full judgment:-

https://main.sci.gov.in/supremecourt/2021/11121/11121_2021_2_5_37673_Order_26-Aug-2022.pdf

Case Details:-

Civil Appeal No 4596 of 2022

Devarakonda Surya Sesha Mani & Ors .... Appellant(s)
Versus
Care Hospital, Institute of Medical Sciences & Ors ....Respondent(s)