VidhiSangh

Supreme Court of India · 30/11/2021

BOMBAY HOSPITAL & MEDICAL RESEARCH CENTRE versus ASHA JAISWAL & ORS.

[2021] 10 S.C.R. 1118 · 2021 INSC 801

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Summary

The Court dismissed a medical-negligence complaint after finding that the treatment records and affidavits did not support the Commission’s conclusions against the hospital and surgeon. Death after a high-risk operation did not itself establish negligence or justify applying res ipsa loquitur. Specialists continuously monitored the patient, an alternative test followed equipment failure, and the circumstances did not establish negligent delay or abandonment. The compensation order was set aside, but Rs.5 lakh already disbursed was protected as an ex gratia payment.

Issues

  1. Whether the evidence established negligent treatment, delay or abandonment by the surgeon and hospital.
  2. Whether the adverse outcome justified applying res ipsa loquitur.

Held

Result

Appeals allowed. The Commission’s compensation order was set aside and the complaint dismissed; the Rs.5 lakh already disbursed was retained as an ex gratia payment without recovery.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 1118.