Medical Negligence – This is a classic case of human fallibility where the doctors tried their best as per their expertise but desired results could not be achieved.  

The respondent no.1 – complainant had met with serious accident on 5.5.2004, resulting in multiple injuries.

NI procedure is about inserting the endotracheal tube through nose to assist in breathing.   The medical negligence in NI had resulted in permanent damage to her respiratory tract and permanent voice-loss, altering her life forever.

By the judgment dated 16.2.2018, the National Consumer Disputes Redressal Commission granted compensation of Rs.6,11,638 for medical negligence, costs and interest against the hospital and the doctors.

Civil Appeal No.3975 of 2018 was filed by one Radiologist- doctor, whereas, another civil appeal was filed by the hospital and two doctors. 

Civil Appeal No.4847 of 2018 was filed by the complainant for enhancement of compensation.

HELD, on consideration of the medical literature on record and the expert medical committee report, it was seen that the patient underwent different procedures at multiple hospitals and therefore, there is a possibility that these medical complications could have arisen at any of these hospitals where the patient had taken treatment.  The Expert Report did not attribute negligence to the hospital in question.

Judgment dated 19.10.2023 of the Supreme Court in M.A.Biviji Vs. Sunita and others (Civil Appeal No.3975 of 2018) with connected civil appeals.