Supreme Court Acquits Bombay Hospital in Medical Negligence Case: Key Legal Takeaways

The Supreme Court of India recently delivered a significant ruling in the case of Bombay Hospital & Medical Research Centre vs. Asha Jaiswal & Others, where the hospital and a senior doctor were accused of medical negligence, leading to the death of a patient. The case had been filed before the National Consumer Disputes Redressal Commission (NCDRC), which had earlier ruled in favor of the complainants and ordered compensation. However, the Supreme Court overturned the verdict, setting an important precedent in medical negligence law.

Background of the Case

The case involved the unfortunate death of a patient, Dinesh Jaiswal, who had been undergoing treatment at Bombay Hospital. He was suffering from severe vascular conditions, including an aortic aneurysm, which required urgent surgery. The attending vascular surgeon, Dr. C. Anand Somaya, performed the surgery, but post-operative complications led to the patient developing gangrene, necessitating amputation of both legs. Eventually, the patient succumbed to septicemic shock.

The patient’s family alleged that the hospital and the doctor were negligent in:

Failing to properly monitor the patient post-surgery.
Delaying critical diagnostic tests, including Digital Sub-Traction Angiography (DSA).
Postponing an essential re-surgery due to non-availability of an operating theater.
Delaying the amputation despite signs of gangrene.

The NCDRC had held the hospital and the doctor liable for negligence and awarded a compensation of Rs. 14,18,491 along with interest. Aggrieved by this decision, Bombay Hospital and Dr. Somaya approached the Supreme Court.

Petitioner’s (Bombay Hospital & Dr. Somaya) Arguments

The hospital and the doctor contended that:

The patient had a severe and life-threatening condition before arriving at the hospital, making treatment highly complex.
The surgery was performed using standard medical practices, and the patient was given all necessary post-operative care.
The delay in conducting the DSA test was due to unforeseen technical issues with the machine, not negligence.
The hospital had four operation theaters, all of which were occupied at the time the second surgery was needed.
The decision to amputate the legs was made based on expert medical advice and was not delayed due to negligence.

Respondent’s (Patient’s Family) Arguments

The complainants alleged that:

The hospital failed to conduct proper post-operative monitoring.
There was an unreasonable delay in conducting crucial tests, leading to the deterioration of the patient’s condition.
The non-availability of an emergency operation theater was a serious lapse.
The doctor left the country for medical conferences while the patient was critically ill.

Supreme Court’s Observations

The Supreme Court examined the detailed treatment records and found several errors in the NCDRC’s findings. The key observations were:

1. No Direct Proof of Negligence

The Court noted that the case was based on assumptions rather than solid evidence. It stated:

“The sole basis of finding the appellants negligent was res ipsa loquitur which would not be applicable herein keeping in view the treatment record produced by the Hospital and/or the Doctor.”

2. Treatment Was as Per Standard Medical Practices

The Court ruled that the medical procedures followed were in accordance with standard protocols:

“The patient was in a critical condition even before admission. The hospital provided continuous care from multiple specialists, and the surgeries were performed by highly experienced professionals.”

3. Delay in Surgery Was Not Intentional

Regarding the alleged delay in conducting the re-surgery, the Court noted:

“The operation theaters were occupied at the time, and alternative medical measures were taken. The delay was not due to negligence but logistical constraints.”

4. Doctor’s Absence Did Not Affect Treatment

On the claim that the doctor left for a conference while the patient was in critical condition, the Court held:

“In a multispecialty hospital, treatment does not depend on a single doctor. The patient was continuously monitored by other qualified specialists.”

Final Judgment

The Supreme Court quashed the NCDRC’s ruling and exonerated the hospital and doctor from all charges. However, it allowed the Rs. 5 lakh interim compensation previously paid to the complainants to be retained as an ex gratia payment.

Legal Implications of the Judgment

This ruling has significant implications for medical negligence cases:

It reinforces that a mere failure of treatment does not amount to medical negligence.
Doctors cannot be held liable for an unsuccessful treatment unless clear evidence of negligence is provided.
Hospitals cannot be penalized for unforeseen technical failures of medical equipment.
The judgment provides a safeguard for medical professionals against frivolous lawsuits.

Conclusion

The Supreme Court’s verdict in this case highlights the importance of establishing concrete evidence before accusing doctors and hospitals of negligence. It reaffirms that complications in high-risk surgeries do not automatically imply malpractice. While patient rights are paramount, this ruling ensures that medical professionals are not unfairly targeted for outcomes beyond their control.

Petitioner Name: Bombay Hospital & Medical Research Centre.
Respondent Name: Asha Jaiswal & Others.
Judgment By: Justice Hemant Gupta, Justice V. Ramasubramanian.
Place Of Incident: Mumbai, Maharashtra.
Judgment Date: 30-11-2021.

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