Supreme Court of India · 2019-12-16
MAHARAJA AGRASEN HOSPITAL . vs MASTER RISHABH SHARMA .
- Citation / case number
- SC 2016/21554
- Court
- Supreme Court of India
- Petitioner
- MAHARAJA AGRASEN HOSPITAL .
- Respondent
- MASTER RISHABH SHARMA .
- Author
- HON'BLE MS. JUSTICE INDU MALHOTRA
- Bench
- HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE L. NAGESWARA RAO
Judgment text excerpt
The Supreme Court upheld the National Commission's finding of medical negligence against Maharaja Agrasen Hospital and its paediatricians for failing to conduct a mandatory check for Retinopathy of Prematurity (ROP) on a pre-term infant, resulting in total blindness. The Court emphasized the duty of care owed by medical professionals under the Consumer Protection Act, 1986, particularly Sections 2(1)(g) and 2(1)(o), and affirmed the compensation awarded to the complainants. The appeal by the hospital and doctors was dismissed, reinforcing the accountability of healthcare providers in ensuring proper medical care.