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by Admin
07 May 2024 2:49 AM
On 17 Oct. 2023, the Supreme Court of India dismissed allegations of medical negligence against a hospital and its doctors, stating that the principles of "Res Ipsa Loquitor" (the thing speaks for itself) were not applicable in this case. The bench, comprising Justices A.S. Bopanna and Prashant Kumar Mishra, held that the appellant failed to provide sufficient evidence to support their claims of negligence.
The case revolved around a patient who underwent neurosurgery at the hospital and tragically suffered a cardiac arrest and subsequent demise. The deceased patient's wife had filed a complaint alleging that medical negligence had led to her husband's death. The core of the allegations pertained to the lack of post-operative care and a delay in shifting the patient to the Intensive Care Unit (ICU).
The hospital and doctors, however, contended that post-operative care had been provided in accordance with standard procedures. They argued that the symptoms exhibited by the patient did not suggest a cardiac arrest, and an affidavit from a neurosurgery professor supported the view that the complications were unrelated to the surgery. Importantly, there was no medical history of diabetes, hypertension, or cardiac problems in the patient.
The Supreme Court, in its judgment, carefully evaluated the evidence presented and concluded that the appellant had not established negligence in post-operative care. In their decision, the bench emphasized that the principles of "Res Ipsa Loquitor" did not apply in this case. This legal doctrine presumes negligence when an injury occurs that would not have happened in the absence of negligence. However, the court found that the appellant failed to provide sufficient proof to trigger this doctrine.
The judgment underscores the importance of presenting compelling evidence in cases of alleged medical negligence and highlights the court's role in impartially assessing such claims. This decision serves as a reminder that the burden of proof rests with the party alleging negligence, and the principles of "Res Ipsa Loquitor" cannot be invoked without sufficient supporting evidence.
The Supreme Court's ruling brings clarity to the legal standards surrounding medical negligence cases and underscores the significance of evidence-based claims in such matters.
Date of Decision: October 17, 2023
MRS. KALYANI RAJAN vs INDRAPRASTHA APOLLO HOSPITAL & ORS.
[gview file="https://lawyerenews.com/wp-content/uploads/2023/10/17-Oct-2023_Kalyani_Rajan-Vs-Indraprastha_Apollo_Hospital.pdf"]
