SC: Doctors can’t be always blamed for negligence in deaths

AmitAnand.Choudhary@timesgroup.com

New Delhi:02.12.2021

The Supreme Court has said that a hospital cannot be held liable for negligence if operation of a patient is delayed because of nonavailability of operation theatres and ruled that doctors also cannot be always blamed if a patient did not favourably respond to treatment or a surgery failed.

Setting aside the order National Consumer Disputes Redressal Commission which held Bombay Hospital & Medical Research Centre and its doctors liable for medical negligence for death of a patient, a bench of Justices Hemant Gupta and V Ramasubramanian said that the fault cannot always be fastened on the doctors and hospital if a patient did not survive. It said that delay in conducting some medical test due to fault in machine can also not be said to be negligence on the part of the doctor or the hospital, saying “Any machine can become non-functional because of innumerable factors beyond the human control as the machines involve various mechanical, electrical and electronic components”

“No fault can be attached to the hospital if the operation theatres were occupied when the patient was taken for surgery. Operation theatres cannot be presumed to be available at all times. Therefore, non-availability of an emergency operation theatre during the period when surgeries were being performed on other patients is not a valid ground to hold the Hospital negligent in any manner,” the bench said...