2010 SCCL.COM 97(Case No: Civil Appeal No.1385 of 2001)
Kusum Sharma & Others Appellant(s) versus Batra Hospital & Medical Research Centre & Others Respondent(s)
Date of Decision(mm/dd/yy): 2/10/2010.
Judge(s): Hon'ble Mr. Justice Dalveer Bhandari and Hon'ble Mr. Justice Harjit Singh Bedi.
Subject Index: Compensation claim — for deficiency in service and medical negligence in the treatment of the deceased — surgical operation performed upon the patient/deceased by the respondent no. 3 for the removal of abdominal tumor and two bags were fitted to drain out the fluids — condition of the patient deteriorated and he consulted another hospital at Jodhpur where he was diagnosed with having post-operative complications of Adrenoloctomy and Glutteal abscess which resulted to his death — after viewing the medical literature and the evidence of eminent doctors of AIIMS, the National Commission dismissed the complaint — appeal — after the discharge of the deceased/patient from the hospital the doctors specifically advised him "Regular Medical Follow Up" which the deceased failed to attend — the damage to the pancreas was repaired immediately with interrupted non-absorbable sutures and drains were placed — respondent no.3 who performed the operation had reasonable degree of skill and knowledge — this Court observed that as long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence — held no interference to the orders of the National Commission in dismissing the complaint of the appellants — appeal dismissed with costs.
