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december 2019

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.

MAHARAJA AGRASEN HOSPITAL . vs MASTER RISHABH SHARMA . · Niyam