BIJOY SINHA ROY (D) BY LR. vs BISWANATH DAS .

The Supreme Court addressed the issue of medical negligence under the Consumer Protection Act, specifically Section 2(1)(g). The Court held that the decision to perform surgery without stabilizing the patient's blood pressure and hemoglobin levels, and the choice of a nursing home lacking ICU facilities, constituted negligence. The Court affirmed the findings of the lower forums, emphasizing that the surgeon's actions were not justifiable given the foreseeable risks involved in the procedure.