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Supreme Court of India 2023-10-19 allowed

M.A Biviji vs Sunita & Ors

Bench: 2 — Hrishikesh Roy, Manoj Misra

In Brief

A patient severely injured in a car accident underwent multiple medical procedures including tracheostomy and later nasotracheal intubation (NI) at Suretech Hospital. She suffered permanent respiratory damage and voice loss, claiming the NI procedure caused her injuries. The Supreme Court held that the NI was undertaken after due medical consideration as a recognized, acceptable alternative treatment when complications arose during tracheostomy removal. The doctors did not breach their duty of care. Since the patient received treatment at multiple hospitals over months, subsequent complications could not be solely attributed to the single NI procedure. Medical negligence requires proof of both breach of duty and direct causation; neither was established here. The Court set aside compensation awarded by the lower commission, allowing the doctors' and hospital's appeals while dismissing the patient's appeal for enhanced compensation.">

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