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Supreme Court of India 2021-11-30 allowed

Bombay Hospital & Medical Research Centre vs Asha Jaiswal & Ors

Bench: 2 — Hemant Gupta

In Brief

This case involves a patient who died after treatment for abdominal aortic aneurysm at Bombay Hospital. Legal heirs claimed medical negligence, alleging delays in diagnosis, failed post-operative monitoring, and equipment unavailability. The Supreme Court held that a medical professional cannot be deemed negligent merely because treatment failed or a patient died. The Court found the patient was in critical pre-admission condition with impending gangrene, and despite reasonable professional care and re-exploration surgery, could not survive. The principle of res ipsa loquitur cannot apply without cogent expert evidence. The complaints about diagnostic delays and theatre unavailability were deemed circumstances beyond human control. The Court set aside the compensation order and dismissed the complaint, allowing the appeal.

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Medical Negligence Consumer Protection Medical Malpractice Res Ipsa Loquitur Standard of Care Vascular Surgery

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