MAHARAJA AGRASEN HOSPITAL & ORS. versus MASTER RISHABH SHARMA & ORS.

MAHARAJA AGRASEN HOSPITAL & ORS. versus MASTER RISHABH SHARMA & ORS.

Appellant hospital and doctors owed a legal duty of care to the complainants; failure to advise and conduct ROP screening on pre-term baby as per standard protocol and not informing mother of risks amounted to gross negligence; inordinate delay in supply of medical records constituted professional misconduct and...

Source-derived case information.

Parties
Appellant: Maharaja Agrasen Hospital; Appellant: Dr. G.S. Kochhar; Appellant: Dr. Naveen Jain; Appellant: Dr. S.N. Jha; Respondent: Master Rishabh Sharma; Respondent: Pooja Sharma; Respondent: Elder brother of Rishabh Sharma; Respondent: Dr. Rama Sharma
Jurisdiction
India
Judgment Date
16 December 2019
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From National Consumer Disputes Redressal Commission
Outcome
Appeals disposed. Civil Appeal by complainants allowed, appeal by hospital and doctors dismissed.
Legal Topics
Deficiency in Service, Professional Misconduct, Medical Duty of Care, Vicarious Liability
Consumer Protection Medical Negligence Tort Law Deficiency in Service Professional Misconduct Medical Duty of Care Vicarious Liability

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Parties

Maharaja Agrasen Hospital

Appellant

Dr. G.S. Kochhar

Appellant

Dr. Naveen Jain

Appellant

Dr. S.N. Jha

Appellant

Master Rishabh Sharma

Respondent

Pooja Sharma

Respondent

Elder brother of Rishabh Sharma

Respondent

Dr. Rama Sharma

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From National Consumer Disputes Redressal Commission

Legal Issues

  1. 1 Whether failure to conduct mandatory Retinopathy of Prematurity (ROP) test constituted medical negligence
  2. 2 Whether inordinate delay in supply of medical records constituted professional misconduct and deficiency of service
  3. 3 Proper assessment of compensation for medical negligence

Ratio Decidendi

Appellant hospital and doctors owed a legal duty of care to the complainants; failure to advise and conduct ROP screening on pre-term baby as per standard protocol and not informing mother of risks amounted to gross negligence; inordinate delay in supply of medical records constituted professional misconduct and deficiency of service; all appellants jointly and severally liable to pay compensation.

Court Disposition

Appeals disposed. Civil Appeal by complainants allowed, appeal by hospital and doctors dismissed.

Orders

  • Appellants to deposit balance compensation within 12 weeks.
  • Compensation enhanced and allocated for welfare, education, and care of Respondent No.1.