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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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What is Legal Case Shots?+

Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Consumer RightsSupreme Court of India

Dr. Harish Kumar Khurana v. Joginder Singh & Ors.

Civil Appeal · 2021 INSC 451Decided 7 Sept 2021
Civil Appeal No. 7380 of 2009
Justice Hemant Gupta · Justice A.S. Bopanna

Background

A patient underwent successful kidney surgery on one kidney, and a second operation on her other kidney was scheduled about a week later. During the second surgery, shortly after anaesthesia was administered, she suffered a cardiac arrest and, despite resuscitation efforts, died some days later. Her family alleged medical negligence by the anaesthetist, the operating hospital, and its insurer before the National Consumer Disputes Redressal Commission (NCDRC), which found them liable and awarded compensation. The doctor, hospital, and insurer appealed to the Supreme Court.

Decision Breakdown

The Supreme Court allowed the appeals and set aside the NCDRC's finding of negligence. It held that a patient's death during treatment does not by itself prove negligence: there must be actual medical evidence showing the doctor failed to meet the standard of an ordinarily skilled practitioner. Here, the complainants produced no independent medical evidence; the NCDRC had instead relied on its own assumptions (for example, dismissing the doctor's explanation of a case-sheet note) and treated an inquiry report as if it were conclusive medical proof, which the Court found was not a sound basis for a negligence finding against experienced doctors who had performed a successful first surgery on the same patient.

Lesson Learnt

Not every unsuccessful or tragic medical outcome amounts to "negligence" in law: a patient or family alleging medical negligence generally needs credible expert medical evidence to prove the doctor fell below accepted standards of care, not just the fact that something went wrong.

Dr. Harish Kumar Khurana v. Joginder Singh & Ors. – Legal Case Shots | LegalAware