BUOY SINHA ROY (D) BY LR. versus BISWANATH DAS & ORS.

BUOY SINHA ROY (D) BY LR. versus BISWANATH DAS & ORS.

Performing surgery without first controlling blood pressure and hemoglobin does not, by itself, constitute medical negligence so long as the practice followed is accepted by the medical profession. However, failure to operate in a facility with ICU, when foreseeable post-operative risks existed and nearby ICUs were available, constituted negligence. Appellant entitled to compensation on this point.

Parties
Appellant: Bijoy Sinha Roy (D) by LR.; Respondent: Biswanath Das; Respondent: Others (Ors.)
Jurisdiction
India
Judgment Date
30 August 2017
Procedural Posture
Civil Appeal / Appeal From Order of National Consumer Disputes Redressal Commission (ncdrc), New Delhi Dated 12.09.2007
Outcome
Appeals disposed of. National Commission order modified.
Legal Topics
Medical Negligence Under Consumer Protection Act, Standards for Medical Professional Liability, Role of Intensive Care Unit (icu) in Medical Procedures, Administrative Control of National Commission, Alternative Dispute Resolution (adr) in Consumer Disputes
Consumer Protection Medical Negligence Medical Negligence Under Consumer Protection Act Standards for Medical Professional Liability Role of Intensive Care Unit (icu) in Medical Procedures Administrative Control of National Commission Alternative Dispute Resolution (adr) in Consumer Disputes

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Parties

Bijoy Sinha Roy (D) by LR.

Appellant

Biswanath Das

Respondent

Others (Ors.)

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of National Consumer Disputes Redressal Commission (ncdrc), New Delhi Dated 12.09.2007

Legal Issues

  1. 1 Whether decision to perform surgery without controlling blood pressure and hemoglobin amounts to medical negligence
  2. 2 Whether performing surgery at a nursing home without ICU facility amounts to medical negligence
  3. 3 Correct test to determine medical negligence in civil law versus criminal law

Ratio Decidendi

Performing surgery without first controlling blood pressure and hemoglobin does not, by itself, constitute medical negligence so long as the practice followed is accepted by the medical profession. However, failure to operate in a facility with ICU, when foreseeable post-operative risks existed and nearby ICUs were available, constituted negligence. Appellant entitled to compensation on this point.

Court Disposition

Appeals disposed of. National Commission order modified.

Orders

  • Respondent No. 1 (Dr. Biswanath Das) directed to pay Rs. 5 lakh to heirs of appellant within 3 months, without interest.
  • If deposit is beyond 3 months, amount carries 12% p.a. interest.