Mere Non-Availability Of Operation Theatres When Patient Was Taken For Surgery Not Medical Negligence On Part Of Hospital : SC

KEY TAKEAWAYS

• Recently, on Tuesday, the Supreme court observed that solenon-availability of operation theatres during an emergency can not be considered as negligence on the hospital’s part.

DETAILS

• Name of the case : Bombay Hospital and Medical Research Centre versus Asha Jaiswal and others
• The matter radiates from a 2010 order for National Consumer Disputes Redressal Commission (NCDRC) against the Bombay Hospital and Medical Research Centre and one of its PCPs, wherein it had guided them to pay the perished Rs. 14,18,491 alongside interest for clinical carelessness and inadequacy in administrations.
• The complainants wrongly blamed the doctor.
• The Supreme Court held that if a patient does not survive even after the doctor has tried all possible means to save him, it can not be blamed on the hospital or the doctor.
• An amount of Rs. 5 lakh that was at that point payment, by the between time request of the Supreme Court was coordinated to be treated as an ex gratia installment to the complainant, not recoverable by the Hospital or the doctor.

QUESTIONS

• In your opinion, should non availability of operation theatre be considered as negligence on the doctor or hospital’s part ?
• Do you agree with the decision of the Supreme Court ?

Share your views in the comments section below.