Medical Negligence

There are a few landmark judgments that make it very necessary for Daily Health Digest to ensure that the issue of medical negligence always ought to be under a spotlight. 

In Savita Gary -Vs- The Director, National Heart Institute, the Supreme Court held that the service rendered free of charge to 
patients by doctors/hospitals whether non government or government to poor patients but charge fee for services rendered to other patients would not be excluded from the definition of service in section 2 (1) (o) Consumer Protection Act, 1986. 

In Dr.Balram Prasad -Vs- Dr.Kunal Saha and others, the apex court held that Right to health of a citizen is a fundamental right guaranteed under Article 21 of the Constitution of India.

The doctors, hospitals, the nursing homes establishment are to be dealt with strictly if they are found to be negligent.   


In V.Krishna Kumar -Vs- State of Tamil Nadu and others, the top court held hospitals will be vicariously liable for acts of its doctors.