Case Law Details
Harnek Singh Vs Gurmit Singh (Supreme Court of India)
Facts- These appeals arise out of the decision of the National Consumer Disputes Redressal Commission, New Delhi dismissing the appeal of the complainant and allowing the appeal of the doctor and the hospital by holding that no medical negligence was proved. Having examined the evidence, medical records and the report of the ethics committee of the Medical Council of India, we have concluded that a case of deficiency of service is made out against the doctor and the hospital, Respondents 1 and 2, herein for medical negligence. Allowing the appeal of the complainants, we have directed payment of compensation.
Conclusion- The MCI on the conduct of Respondent 1 leave no doubt in our mind that this is certainly a case of medical negligence leading to deficiency in his services. NCDRC, except referring to the general principles of law as laid down in the judgments of this Court has not attempted to draw its conclusion from the oral and documentary evidence available on record.
Apart from the facts that clearly emerge from the report of the MCI, there is sufficient evidence to reiterate the same findings of deficiency.
Having considered the matter in detail, we are of the opinion that the NCDRC has committed an error in reversing the findings of the SCDRC and not adverting to the evidence on record including the report of the MCI. The decision of the NCDRC deserves to be set aside and we hold that the complainants have made out a case of medical negligence against Respondents 1 and 2 and are entitled to seek compensation on the ground of deficiency of service.
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