HARNEK SINGH & ORS. versus GURMIT SINGH & ORS.

HARNEK SINGH & ORS. versus GURMIT SINGH & ORS.

The NCDRC erred in reversing the SCDRC without considering the oral and documentary evidence and the MCI Ethics Committee findings; on the evidence (including MCI expert opinions and the surgeon's own admissions) Respondent Nos.1 and 2 were guilty of medical negligence and deficiency of service, while Respondent Nos.3 and 4 were properly exonerated; complainants entitled to compensation of Rs.25,00,000 with interest as directed.

Parties
Appellant(s): Harnek Singh & Ors.; Respondent (surgeon, Respondent No.1): Gurmit Singh; Respondent (hospital, Respondent No.2): Preet Surgical Centre & Maternity Hospital; Respondent (surgeon, Respondent No.3): Dr. Atul Mishra; Respondent (hospital, Respondent No.4): Dayanand Medical College and Hospital, Ludhiana
Jurisdiction
India
Judgment Date
18 May 2022
Procedural Posture
Civil Appeal (consumer Dispute) / Final Decision on Appeal From National Consumer Disputes Redressal Commission (ncdrc) Order
Outcome
Appeals allowed in part; judgment of NCDRC set aside insofar as it exonerated Respondent Nos.1 and 2; SCDRC findings of negligence against Respondent Nos.1 and 2 upheld; Respondent Nos.3 and 4 exonerated.
Legal Topics
Deficiency of Service, Standard of Care, Res Ipsa Loquitur, Compensation
Medical Negligence Consumer Protection Deficiency of Service Standard of Care Res Ipsa Loquitur Compensation

Case Brief

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Parties

Harnek Singh & Ors.

Appellant(s)

Gurmit Singh

Respondent (surgeon, Respondent No.1)

Preet Surgical Centre & Maternity Hospital

Respondent (hospital, Respondent No.2)

Dr. Atul Mishra

Respondent (surgeon, Respondent No.3)

Dayanand Medical College and Hospital, Ludhiana

Respondent (hospital, Respondent No.4)

Procedural Posture

Civil Appeal (consumer Dispute) / Final Decision on Appeal From National Consumer Disputes Redressal Commission (ncdrc) Order

Legal Issues

  1. 1 Whether Respondent Nos.1 and 2 were professionally negligent in performing laparoscopic cholecystectomy and post-operative care
  2. 2 Whether Respondent Nos.3 and 4 were negligent in diagnosis/treatment after referral
  3. 3 Whether the NCDRC erred in reversing the State Commission without considering the MCI Ethics Committee report

Ratio Decidendi

The NCDRC erred in reversing the SCDRC without considering the oral and documentary evidence and the MCI Ethics Committee findings; on the evidence (including MCI expert opinions and the surgeon's own admissions) Respondent Nos.1 and 2 were guilty of medical negligence and deficiency of service, while Respondent Nos.3 and 4 were properly exonerated; complainants entitled to compensation of Rs.25,00,000 with interest as directed.

Court Disposition

Appeals allowed in part; judgment of NCDRC set aside insofar as it exonerated Respondent Nos.1 and 2; SCDRC findings of negligence against Respondent Nos.1 and 2 upheld; Respondent Nos.3 and 4 exonerated.

Orders

  • The judgment and order of the National Consumer Disputes Redressal Commission dated 05.06.2020 in Appeal Nos.108/2008 and 120/2008 is set aside in part.
  • Respondent Nos.1 (Dr. Gurmit Singh) and 2 (Preet Surgical Centre & Maternity Hospital) are held liable for deficiency of service and medical negligence.