Every Death In An Institutionalized Environment Of A Hospital Does Not Necessarily Amount To Medical Negligence: Supreme Court

Date of Order: August 26, 2022, New Delhi

A Three Judge Bench of Justices Dr Dhananjaya Y Chandrachud, A S Bopanna and J B Pardiwala observed 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.”

Relying on catena of judgments delivered by Supreme Court, the appeal was dismissed.

In the above case appellant approach Supreme Court against the order of the National Consumer Dispute Redressal Commission (NCDRC). The NCDRC went through the material evidences produces before it and found no medical negligence. Hence, appellant approached the Apex Court.

The Bench observed that, “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”.

It was observed further that, “…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”.

Important Judgments on Medical Negligence:

• V. Kishan Rao vs Nikhil Super Speciality Hospital, March, 2010 (each case has to be judged on his own facts and circumstances)
•  Bolam vs. Friern Hospital Management Committee reported in 1957 (2) All England Law Reports 118 (Important case on test of medical negligence)
• Balram Prasad vs Kunal Saha & Ors, 2013
• Dr. Gagandeep Tathgur vs Veerpal Kaur And Anr., 2021
• Dr. (Mrs.) Indu Sharma vs Indraprastha Apollo Hospital, 2015
• Kunal Saha Vs. AMRI (Advanced Medical Research Institute), 2011