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march 2009

Supreme Court of India · 2009-03-24

Ins. Malhotra vs A. Kirplani & Ors

Citation / case number
AIR 2009 SC (SUPP) 2774
Court
Supreme Court of India
Petitioner
Ins. Malhotra
Respondent
A. Kirplani & Ors
Author
Lokeshwar Singh Panta
Bench
B. Sudershan Reddy, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the dismissal of the complaint against Bombay Hospital under the Consumer Protection Act, 1986, stating that the complainant failed to establish negligence on the part of the medical professionals involved in the treatment of Priya Malhotra. The Court emphasized that mere dissatisfaction with the treatment does not constitute medical negligence, and the standards of care must be evaluated based on the prevailing medical practices. The appeal was dismissed, affirming the Commission's order that there was no deficiency in service as defined under Section 2(1)(g) of the Act.

Ins. Malhotra vs A. Kirplani & Ors · Niyam