Supreme Court - Daily Orders
Devarakonda Surya Sesha Mani vs Care Hospital, Institute Of Medical ... on 26 August, 2022
Bench: D.Y. Chandrachud, A.S. Bopanna
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No 4596 of 2022
Devarakonda Surya Sesha Mani & Ors .... Appellant(s)
Versus
Care Hospital, Institute of Medical Sciences & Ors ....Respondent(s)
ORDER
1 The National Consumer Disputes Redressal Commission 1 has considered the evidentiary material which was produced in support of the complaint alleging medical negligence. While dismissing the complaint by its impugned order dated 24 March 2021, the NCDRC has not found any act of medical negligence.
2 Unless the appellants are able to establish before this Court any specific course of conduct suggesting a lack of due medical attention and care, it would not be possible for the Court to second-guess the medical judgment of the doctors on the line of medical treatment which was administered to the spouse of the first appellant. In the absence of any such material disclosing medical negligence, we find no justification to form a view at variance with the view which was taken by the NCDRC. Every death in an institutionalized environment of a hospital does Signature Not Verified Digitally signed by Sanjay Kumar Date: 2022.08.29 not necessarily amount to medical negligence on a hypothetical assumption of 19:21:54 IST Reason:
lack of due medical care.
1 “NCDRC” 2
3 In the circumstances and having due regard to the test which has been laid down by this Court in its decisions governing medical negligence, we see no reason to entertain the appeal. The appeal is accordingly dismissed.
4 Pending application, if any, stands disposed of.
…..…..…....…........……………….…........J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….…........J. [A S Bopanna] …..…..…....…........……………….…........J. [J B Pardiwala] New Delhi;
August 26, 2022
-S-
3
ITEM NO.5 COURT NO.2 SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).4596/2022
DEVARAKONDA SURYA SESHA MANI & ORS. Appellant(s)
VERSUS
CARE HOSPITAL, INSTITUTE OF MEDICAL SCIENCES & ORS. Respondent(s)
(FOR ADMISSION)
Date : 26-08-2022 This appeal was called on for hearing today.
CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE J.B. PARDIWALA For Appellant(s) Mr. Nimish Chib, Adv.
Mr. K.P. Sundar Rao, Adv.
Mr. Sanjeev Kumar, Adv.
Mr. Badal Dayal, Adv.
Mr. Awdhesh Kumar Dubey, Adv.
Mr. Nischal Kumar Neeraj, AOR Ms. Banisha Verma, Adv.
Ms. Smerity Runi, Adv.
Mr. Suraj Prakash Pandey, Adv.
Ms. Manshi Bhushan, Adv.
For Respondent(s) Mr. M. Srinivas R. Rao, Adv.
Mr. Abid Ali Beeran P, AOR Mr. Sarath Janardhan, Adv.
UPON hearing the counsel the Court made the following O R D E R 1 The appeal is dismissed in terms of the signed order.
2 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
DEPUTY REGISTRAR COURT MASTER
(Signed order is placed on the file)