News By/Courtesy: Neha Mishra | 01 Dec 2021 15:19pm IST


  • An appeal against an order of the NCDRC was submitted in the SC
  • The order forced the a hospital in Bombay to pay huge amounts to a man who accused the hospital of negligence
  • The SC held that just because the operation theatres were already busy, the hospital cannot be held accountable.

On Tuesday, in an important judgement, the Supreme Court held that no blame can be put on to a clinic if the operation rooms were already busy when the patient was taken for a medical procedure. A Bench of Justices Hemant Gupta and V Ramasubramanian held that operation theatres in clinics can't be ventured to be accessible consistently.

"Along these lines, non-accessibility of an operation theatre during the period when medical procedures were being performed on different patients is certifiably not a legitimate ground to hold a clinic careless in any way," the Court dominated. Appropriately, the Court held that a specialist can't be anticipated to stay at the bedside of the patient all through his visit in the clinic. The top court was hearing an appeal against a request for the National Consumer Disputes Redressal Commission (NCDRC) for a situation where a patient had surrendered to a leg injury in 1998.

The complainant had claimed that the specialists didn't focus on the patient, postponed the angiography and couldn't cut away the legs which had looming gangrene. The absolute expense brought about for the treatment was 4 lakh and the NCDRC had requested a remuneration of 14 lakh to be paid by the medical clinic and the specialists accused of carelessness. The top court put away the order by the NCDRC, noticing that no shortcoming can be appended to the Hospital assuming the operation theatres were involved when the patient was taken for a medical procedure.

The complainant had additionally affirmed that after a medical procedure which was performed on April 23, 1998, there was a postponed choice to cut away the leg resulting in re-investigation on April 24, 1998, and due to "unjustifiable unfamiliar visit" of the specialist in question. To this, the apex court saw that the simple truth that the specialist had travelled to another country can't prompt a deduction of clinical carelessness as the patient was conceded to an emergency clinic having 20 experts in multi-resources.

Further, concerning the conflict of the specialist being on an undue visit, the Court said that a clinical expert needs to redesign himself with the most recent advancement in his field which might expect him to go to meetings held both in and outside the country. "Simple reality that the specialist had travelled to another country can't prompt an induction of clinical carelessness as the patient was conceded in a clinic having experts in multi-resources," the judgment said.

Along these lines, disregarding the treatment, assuming the patient doesn't make due, the specialists can't be accused as even specialists with all that abilities can't forestall the inescapable. "The specialists are relied upon to take sensible consideration yet none of the experts can guarantee that the patient would conquer the surgeries," the Court believed. While permitting the appeal, the top court expressed that 5 lakh which was paid to the complainant won't be reclaimed post the judgment and ought to be treated as "ex gratia" instalment. Bombay Hospital was addressed by Senior Advocate Siddharth Bhatnagar.

Section Editor: Kadam Hans | 01 Dec 2021 19:24pm IST

Tags : #Supreme Court #hospital #Bombay #negligence #gangrene #doctors #foreign visit #operation theatre #NCDRC #medical

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