VidhiSangh

Supreme Court of India · 25/10/2024

NEERAJ SUD AND ANR. versus JASWINDER SINGH (MINOR) AND ANR.

[2024] 10 S.C.R. 1475 · 2024 INSC 825

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Summary

The Supreme Court set aside the NCDRC's finding of medical negligence against a PGI surgeon who operated on a child for congenital ptosis, holding that deterioration after surgery does not by itself prove negligence and that the complainants had led no evidence that the doctor failed to exercise the skill he possessed. The State Commission's dismissal of the complaint was restored.

Issues

  1. Whether a doctor and hospital can be held liable for medical negligence merely because the patient's condition worsened after surgery.
  2. Whether the NCDRC was justified in reversing the State Commission's finding of no negligence when the complainants led no evidence beyond the hospital's own medical records.
  3. Whether the complainants were entitled to enhancement of the compensation awarded by the NCDRC.

Held

Result

Civil Appeal No. 272 of 2012 by the doctor and PGI allowed; the NCDRC judgment dated 24.08.2011 set aside and the State Commission's order dismissing the complaint restored. Civil Appeal No. 5526 of 2012 by the complainants dismissed.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 1475.