VidhiSangh

Supreme Court of India · 17/10/2023

MRS. KALYANI RAJAN versus INDRAPRASTHA APOLLO HOSPITAL & ORS.

[2023] 15 S.C.R. 97 · 2023 INSC 921

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Summary

The complainant did not prove that the patient’s cardiac arrest was caused by the neurosurgery or inadequate post-operative care. On the hospital record and the absence of supporting medical evidence, the doctrine of res ipsa loquitur did not establish negligence, and the consumer complaint was rightly dismissed.

Issues

  1. Whether the hospital and treating doctors were negligent in the patient’s post-operative care, including by not transferring him to an intensive care unit or responding adequately to his symptoms.
  2. Whether the patient’s cardiac arrest and death, without evidence linking them to the surgery or post-operative care, supported an inference of medical negligence under res ipsa loquitur.

Held

Result

The appeal was dismissed and pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 97.