Dr. (Mrs.) Chanda Rani Akhouri & Ors. vs Dr. M.A. Methusethupathi & Ors.

Civil Appeal · 2022 INSC 447Decided 20 Apr 2022
Civil Appeal No. 6507 of 2009
Ajay Rastogi · Abhay S. Oka · Bela M. Trivedi as shown in the case-listing metadata

Background

The appellant's husband, Naveen Kant, underwent a kidney transplant in November 1995 performed by a team of qualified nephrologists and surgeons at a hospital duly registered under the Transplantation of Human Organs and Tissues Act, 1994. The surgery itself was successful, but the patient later developed persistent pain in his forearm, followed by cellulitis, abscesses, and eventually septicemia and multi-organ complications, and he died in February 1996 despite further hospitalisation and treatment. His widow and children filed a medical negligence complaint before the National Consumer Disputes Redressal Commission, alleging that the doctors failed to provide adequate post-operative care and follow-up, but the Commission dismissed the complaint, prompting this appeal to the Supreme Court.

Decision Breakdown

The Supreme Court reaffirmed the settled legal tests for medical negligence (drawn from Jacob Mathew v. State of Punjab, Kusum Sharma v. Batra Hospital, and Dr. Harish Kumar Khurana v. Joginder Singh): a doctor is liable only if they lacked the requisite skill or failed to exercise reasonable competence with the skill they had; an error of judgment, a difference of professional opinion, or a patient's death despite good treatment is not, by itself, negligence. It found that the appellants' own expert witnesses were not nephrologists or transplant specialists and could offer no more than lay opinion, whereas the respondents' witnesses were experienced, qualified nephrologists who testified that the post-operative treatment given matched accepted medical protocol. The Court also rejected the argument that the post-discharge treating hospital needed separate registration under the 1994 Act, since registration is required only for hospitals performing the transplant procedure itself, not for subsequent post-operative care. Finding no error in the Commission's reasoning, the Court dismissed the appeal, while noting the appellant herself told the Court in person that she no longer sought compensation, only closure.

Lesson Learnt

A patient's death or a poor outcome after treatment is not, by itself, proof of medical negligence. Courts require credible expert medical evidence, from specialists in the relevant field, showing the treating doctors fell below the accepted standard of care; opinions from non-specialist doctors carry little weight in such disputes.

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