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Neeraj Sud & Anr. vs. Jaswinder Singh (Minor) & Anr.

Not available · 2024 INSC 825Decided 25 Oct 2024
Not available
Justice Pamidighantam Sri Narasimha · Justice Pankaj Mithal

Background

A six-year-old boy underwent minor eye surgery in 1996 at PGI Chandigarh, performed by Dr. Neeraj Sud, to correct a drooping eyelid (ptosis). After the surgery his condition worsened rather than improved, and the family sued for medical negligence. The State Consumer Commission dismissed the complaint, finding no negligence, but on appeal the National Consumer Disputes Redressal Commission (NCDRC) partly reversed this and held the doctor and PGI liable, awarding compensation. Both the doctor/PGI and the complainants appealed further to the Supreme Court: the doctor challenging the finding of negligence, and the family (in a separately, and poorly drafted, appeal) implicitly seeking more compensation.

Decision Breakdown

The Supreme Court restored the State Commission's finding of no negligence and set aside the NCDRC's order. Applying the well-established "Bolam test" (a doctor is not negligent if he follows accepted medical practice, even if the outcome is poor) as approved by the Supreme Court in Jacob Mathew, the Court held that a bad outcome after surgery does not by itself prove negligence: the complainants had produced no expert medical evidence showing the doctor lacked skill or failed to exercise due care. The NCDRC had wrongly inferred negligence merely from the fact that the patient's condition deteriorated post-surgery, which the Court found was not a valid basis without proof of a specific breach of duty.

Lesson Learnt

A doctor cannot be held liable for medical negligence simply because a treatment or surgery does not succeed or a patient's condition worsens: a patient must show, usually through expert evidence, that the doctor failed to exercise the skill and care expected of a competent professional in that field.

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

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