Kusum Sharma And Ors. vs Batra Hospital & Medical Research ... on 30 August, 2000
It has
been noticed in number of cases that when a patient does not get relief of the
disease suffered by her/him, the treating doctor is blamed for medical negligence
and deficiency in service but such allegations of the complainant do not make a
case of medical negligence and deficiency in service in view of law settled by
Honble Supreme Court of India in case cited as Kusum Sharma and others versus Batra Hospital & Medical Research
Centre and others, 2010 ACJ 1444, wherein it has been observed by the
Honble Supreme Court that the negligence to be established by the prosecution
must be culpable or gross and not the negligence merely based upon an error of
judgment. Merely, the doctor failed to diagnose the disease, cannot be a case
of medical negligence or deficiency in service. It is also settled law that medical
complications cannot always lead to inference of medical negligence. Support to
this view can be taken from the judgment rendered by Honble National
Commission in case cited as Smt. Sajini,
Major Versus Chaya Nursing Home & Ors, 2012(1) CPR 111 (NC). There is
no expert evidence on the record on behalf of the complainant to prove it a
case of medical negligence while treating the complainant by the opposite party
No.1. Hence, the impugned order cannot be allowed to sustain.