Every hospital death isn't medical negligence- Supreme Court

07 May 2024 8:19 AM

By: Admin

The Supreme Court recently declared that not every hospital death constitutes medical malpractice.

Justices Dhananjaya Y. Chandrachud, A. S. Bopanna, and J. B. Pardiwala were handling the appeal that contested the NCDRC's decision.

The National Consumer Disputes Redressal Commission has taken into account the supporting documentation provided for the complaint alleging medical malpractice in this matter. The NCDRC dismissed the case by the in question order but could not discover any instances of medical malpractice.

The Supreme Court stated that it would not be possible for the Court to question the medical judgement of the doctors on the course of medical treatment that was given to the spouse of the first appellant unless the appellants are able to establish before this Court any specific course of conduct suggesting a lack of due medical attention and care.

"Every death in an institutionalised atmosphere of a hospital does not necessarily amount to medical negligence on a hypothetical premise of lack of appropriate medical treatment," the bench said.

The Supreme Court denied the petition in light of the aforementioned.

Devarakonda Surya Sesha Mani & Ors

Care Hospital, Institute of Medical Sciences & Ors