Medical Negligence: Supreme Court Holds Hospital Responsible And Directs To Pay Compensation To Deceased's Father

When a family admits their loved one to a hospital, there underlies a faith that the hospital will take timely and utmost care of the patient. However, if there is a lapse, is the hospital liable? In a recent judgement, the Supreme Court of India held a hospital liable for the lapse in service and ordered it to pay Rs 10 lakh as compensation to the respondent.

The bench, comprising Justice BR Gavai and AG Masih, ruled in favour of the respondent whose son died due to medical negligence at the hospital.

After looking at the evidence, the Court upheld the National Consumer Disputes Redressal Commission (NCDRC) order dated August 26, 2022, and in another order dated March 8, 2011, by the APSCDRC is Andhra Pradesh State Consumer Disputes Redressal Commission (APSCDRC). In its order, the Court held the hospital 'vicariously liable' for the negligence leading to the death of the son of respondent no. 1, the complainant Shivram Prasad.

The Court said, "Having considered the submission made by the Counsel for the parties and upon going through the records of the case, it is apparent that there is ample evidence as well as records to indicate that there was indeed medical negligence at the end of the Appellant and Respondent no.2."

Here, appellant is Kamineni Hospital, Andhra Pradesh, and respondent no. 2  is Dr. J.V.S. Vidyasagar.

The Appellant's counsel argued that the concerned doctor followed the standards of due care expected from a medical professional and that there had been no negligence on the part of the hospital or the doctor.

However, Prasad's counsel argued that the Appellant supported the judgement given by the NCDRC and APSCDRC as far as the liability of the Appellant is concerned.

The Court took notice of the evidences provided including medical records, treatment history, etc., and observed that the hospital has failed to provide due care as per standards.

"There is ample evidence as well as records to indicate that there was indeed medical negligence at the end of the Appellant and Respondent no.2," said the Court.

The Court upheld the earlier order by NCDRC for the hospital to pay a compensation of Rs 10 lakh. Considering that the complainant's son was 27 years old B. Tech graduate who was earning a modest income and the scope of his income appreciation in future, the Court found the compensation for hospital (Rs 10 lakh) and for the concerned doctor (Rs 5 lakh) appropriate.

It said, "As regards the amount of Rs 15 lakhs is concerned which is assessed to be paid as compensation by the Appellant, it would not be out of the way to mention here that while issuing notice in the present case, this Court had directed the Appellant to deposit an amount of Rs 10 lakh in the Registry of this Court to be invested in short term fixed deposit to be renewed from time to time. We have been informed that the said amount has increased with the auto-renewal facility over a period of time. We are thus of the considered view that the amount of Rs 10 lakh as stands deposited in this Court by the Appellant, along with the accrued interest thereon, would serve the interest of justice, and the said amount of compensation would suffice as far as the liability of the appellant hospital is concerned."

The Court directed the hospital to pay the complainant the compensation amount along with interest and dispose of the case.