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Supreme Court of India 2023-10-17 dismissed

MRS. KALYANI RAJAN vs INDRAPRASTHA APOLLO HOSPITAL & ORS

Bench: 2 — A.S. Bopanna, Prashant Kumar Mishra

In Brief

Mrs. Kalyani Rajan, widow of a patient who died following neurosurgery at Indraprastha Apollo Hospital, challenged the dismissal of her medical negligence complaint. She alleged the hospital failed to shift her deceased husband to the ICU post-operatively and that doctors did not attend to him adequately. The Supreme Court upheld the Commission's dismissal, holding that the patient showed no post-operative complications and shifting him to a private room was standard practice. The Court found the cardiac arrest could not have been foreseen without prior cardiac history and was unrelated to the surgery. Medical negligence requires cogent evidence; the doctrine of Res Ipsa Loquitur does not apply when death follows failed treatment. Appeal dismissed.

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Medical Negligence Consumer Protection Hospital Liability Post-Operative Care Res Ipsa Loquitur Standard of Care Burden of Proof

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