Doctor not liable for medical negligence by applying the doctrine of res ipsa loquitur -SC
D.D- NOVEMBER 30, 2021.
Apex Court in the case of medical negligence It is observed that in this day and age of super specialization, one doctor cannot solve all of a patient’s problems. As evidenced by the medical record, each problem is handled by an expert in the relevant field. The complainant contends that because surgery was performed by a doctor, he would be solely responsible for various aspects of the treatment required and provided to the patient. However, this is an incorrect assumption.
It is also held that, as a rule, mere proof that an event has happened or an accident has occurred, the cause of which is unknown, is not evidence of negligence.
The respondent alleges medical negligence on the part of the Hospital and the Doctor in treating the patient. The patient was admitted to the Hospital on April 22nd, 1998, and breathed his last on 12.06.1998. The Hospital charged a sum of Rs. 4,08,800/- for the treatment of the patient during the period of his admission to the hospital. The said amount is included in and is part of the amount of compensation awarded against the appellants herein.
The complainant’s complaint against the appellants was that the Doctor had not examined the patient after surgery; angiography was performed after 8 hours of discovering that the blood supply had stopped; the hospital delayed treatment by 12 hours due to a lack of available operating rooms; the doctor did not attend the patient and left him in the care of inexperienced doctors; and reliance on the principle of res ipsa loquitor to support the finding that it was a case of medical negligence .
The National Consumer Disputes Redressal Commission on 06.01.2010 against the appellants, i.e., Bombay Hospital & Medical Research Centre and Dr. C. Anand Somaya, directed to pay a sum of Rs. 14,18,491/- along with interest @ 9% p.a. from the date of filing of the complaint till the date of payment.
Apex Court stated tha the fact that the Doctor went abroad cannot be used to infer medical negligence because the patient was admitted to a hospital with specialists from multiple faculties.
If the patient did not survive despite the treatment, the doctors cannot be blamed because even the best doctors cannot prevent the inevitable.
Furthermore, it was held that, as a general rule, mere proof that an event or accident occurred, the cause of which is unknown, is not evidence of negligence. The mere occurrence of an event or an accident, the cause of which is unknown, is not evidence of negligence.
It is also laid down that a doctor cannot be held liable for medical negligence by applying the doctrine of res ipsa loquitur for the reason that a patient has not favourably responded to a treatment given by a doctor, or a surgery has failed.
Appeal allowed.
BOMBAY HOSPITAL & MEDICAL RESEARCH CENTRE
VERSUS
ASHA JAISWAL & ORS.
Supreme Court Reportable Judgements
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