M.A BIVIJI versus SUNITA & ORS.

M.A BIVIJI versus SUNITA & ORS.

The Supreme Court held there was no proved breach of duty in performing the NI on 13.05.2004: the procedure was a medically justifiable alternative chosen after decannulation difficulties and observed stridor, the RML expert committee did not attribute negligence, multiple hospitals and repeated/prolonged intubations made exclusive causation by the single NI procedure unsustainable, and therefore the NCDRC finding of negligence and award based on that finding was set aside.

Parties
Appellant: M.A. Biviji; Respondent/complainant: Sunita Parvate (Mrs. Sunita); Co Appellant: Suretech Hospital and Research Centre Private Limited; Co Appellant: Dr. Nirmal Jaiswal; Co Appellant: Dr. Madhusudan Shendre
Jurisdiction
India
Judgment Date
19 October 2023
Procedural Posture
Civil Appeal Under the Consumer Protection Act, 1986 / Final Judgment of the Supreme Court on Appeal (disposal of Appeals)
Outcome
Appeals by Dr. M.A. Biviji and by Suretech Hospital, Dr. Nirmal Jaiswal and Dr. Madhusudan Shendre allowed to the extent that charges of medical negligence against them are not proved; Civil Appeal by Mrs. Sunita dismissed; impugned NCDRC judgment awarding compensation set aside; parties to bear their own costs;...
Legal Topics
Nasotracheal Intubation, Tracheostomy Decannulation, Causation, Standard of Care, Expert Medical Committee Report, Compensation
Medical Negligence Consumer Protection Nasotracheal Intubation Tracheostomy Decannulation Causation Standard of Care Expert Medical Committee Report Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

M.A. Biviji

Appellant

Sunita Parvate (Mrs. Sunita)

Respondent/complainant

Suretech Hospital and Research Centre Private Limited

Co Appellant

Dr. Nirmal Jaiswal

Co Appellant

Dr. Madhusudan Shendre

Co Appellant

Procedural Posture

Civil Appeal Under the Consumer Protection Act, 1986 / Final Judgment of the Supreme Court on Appeal (disposal of Appeals)

Legal Issues

  1. 1 Whether the nasotracheal intubation (NI) performed on 13.05.2004 constituted medical negligence
  2. 2 Whether there was a breach of duty by the hospital/doctors in replacing the tracheostomy tube (TT) with NI after bronchoscopy reported normalcy
  3. 3 Whether the NI procedure caused the subsequent subglottic stenosis, permanent respiratory deformity and voice loss

Ratio Decidendi

The Supreme Court held there was no proved breach of duty in performing the NI on 13.05.2004: the procedure was a medically justifiable alternative chosen after decannulation difficulties and observed stridor, the RML expert committee did not attribute negligence, multiple hospitals and repeated/prolonged intubations made exclusive causation by the single NI procedure unsustainable, and therefore the NCDRC finding of negligence and award based on that finding was set aside.

Court Disposition

Appeals by Dr. M.A. Biviji and by Suretech Hospital, Dr. Nirmal Jaiswal and Dr. Madhusudan Shendre allowed to the extent that charges of medical negligence against them are not proved; Civil Appeal by Mrs. Sunita dismissed; impugned NCDRC judgment awarding compensation set aside; parties to bear their own costs;...

Orders

  • Impugned NCDRC judgment dated 16.02.2018 insofar as it found medical negligence and awarded Rs. 6,11,638/- with 9% interest is set aside
  • Appeals filed by Dr. M.A. Biviji and by Suretech Hospital, Dr. Nirmal Jaiswal and Dr. Madhusudan Shendre allowed to the extent charges of negligence are not proved