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Najrul Seikh vs Dr. Sumit Banerjee & Anr.

Not available · 2024 INSC 184Decided 22 Feb 2024
Not available
Justice Vikram Nath · Justice Satish Chandra Sharma

Background

The appellant, a BPL (Below Poverty Line) card holder, is the father of a 13-year-old boy, Irshad, who lost complete vision in his right eye after a cataract surgery performed by Dr. Sumit Banerjee at Megha Eye Centre in 2006. The District Consumer Disputes Redressal Commission (DCDRC) found the doctor negligent, citing lapses in pre- and post-operative care based on unrebutted expert evidence, and awarded Rs. 9,00,000 in compensation. However, the State Consumer Commission (SCDRC) reversed this, relying instead on a Medical Council report that exonerated the doctor and blamed the father for a one-month delay in seeking further treatment; the National Consumer Commission (NCDRC) upheld that reversal.

Decision Breakdown

The Supreme Court restored the DCDRC's original finding of negligence. It held that both the SCDRC and NCDRC had erred by mechanically relying only on the Medical Council's report while ignoring the detailed, uncontroverted expert testimony that had established specific lapses: no drug-allergy test before surgery, an abnormal post-operative vision reading left unchecked, and failure to use a safer surgical technique despite having the equipment for it. The Court held that a Medical Council report, while relevant, cannot be treated as conclusive or determinative when it conflicts with evidentiary findings already made by a consumer forum, especially where that evidence went unchallenged. The Court reaffirmed that a doctor's duty of care does not end when the surgery is over, and directed the respondents to comply with the DCDRC's original compensation order within one month.

Lesson Learnt

In medical negligence claims, an official body's clean-chit report is not automatically the last word. If there is detailed, unrebutted expert medical evidence establishing lapses in a patient's care, consumer forums and appellate bodies are required to actually weigh that evidence rather than simply defer to an institutional report.

Official source (sci.gov.in)View Judgment (PDF)

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