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.