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july 2008

Supreme Court of India · 2008-07-08

KAILASH HOSPITAL & RES.CENTRE L. vs SANJEEV DUGGAL .

Citation / case number
SC 2008/14554
Court
Supreme Court of India
Petitioner
KAILASH HOSPITAL & RES.CENTRE L.
Respondent
SANJEEV DUGGAL .
Author
B.N. AGRAWAL,G.S. SINGHVI, , ,
Bench
B.N. AGRAWAL,G.S. SINGHVI, , ,

Judgment text excerpt

The Supreme Court held that while the award of compensation for medical negligence was justified, the direction to the U.P. State Medical Council and Government of U.P. to take action against the appellants was not warranted. The Court found that such a direction was issued out of anguish rather than sound legal principles, and thus set aside the directive while allowing the appeal in part. The Court emphasized that a solitary instance of alleged negligence should not justify the closure of a hospital.

KAILASH HOSPITAL & RES.CENTRE L. vs SANJEEV DUGGAL . · Niyam