Case Note & Summary
The appellant, Nand Kishore Prasad, filed a consumer complaint after his 15-year-old son Sanjay Kumar died following surgery at Kurji Holy Family Hospital. The son was admitted on 10.11.1995 with abdominal pain, fever, and hemorrhage in both eyes. Despite a platelet count of 35,000/cu.mm (normal 1.5-4 lakhs), surgery was performed on 11.11.1995 to remove round worms. The patient died on 16.11.1995 at PMCH. The State Commission found the hospital and operating surgeon negligent, awarding Rs. 4,00,000 and Rs. 2,00,000 respectively. The National Commission absolved the surgeon, calling him 'wee bit negligent' and warning him. The Supreme Court restored the surgeon's liability, holding that operating with such low platelets without evidence of immediate necessity was unreasonable and constituted medical negligence. The court also upheld the compensation amount as just, applying the principle of restitutio in integrum.
Headnote
A) Medical Negligence - Standard of Care - Unreasonable Decision - Consumer Protection Act, 1986 - The court held that operating on a patient with a platelet count of 35,000/cu.mm (normal 1.5-4 lakhs) without evidence of life-saving necessity constituted unreasonable professional conduct, not mere 'bit negligence', and the surgeon could not escape liability. (Paras 12-14) B) Compensation - Restitutio in Integrum - Just Compensation - Consumer Protection Act, 1986 - The court affirmed the principle that compensation should restore the aggrieved to the position before the wrong, and upheld the SCDRC's award of Rs. 4,00,000 against the hospital and Rs. 2,00,000 against the surgeon with interest, rejecting the NCDRC's reduction. (Paras 15-16)
Issue of Consideration
Whether the Operating Surgeon was negligent in performing surgery on a patient with low platelet count, and whether the compensation awarded was just.
Final Decision
Appeal allowed. The order of NCDRC absolving the Operating Surgeon is set aside. The compensation of Rs. 2,00,000 with 6% simple interest from the date of complaint imposed by SCDRC is restored.
Law Points
- Medical negligence
- Standard of care
- Bolam test
- Restitutio in integrum
- Just compensation
