Najrul Seikh vs Dr Sumit Banerjee 2024 INSC 184 – Consumer Cases – Medical Negligence

Medical Negligence –In cases of deficiency of medical services, duty of care does not end with surgery -While the report of the Medical Council can be relevant for determining deficiency of service before a consumer forum, it cannot be determinative, especially when it contradicts the evidentiary findings made by a consumer forum. In these circumstances, the appellate forum is tasked with the duty of undertaking a more thorough examination of the evidence on record. [ 3-year-old boy who lost complete vision in his right eye following an allegedly negligent cataract surgery- District Consumer Forum allowed consumer complaint, but SCDRC set it aside and NCDRC dismissed revision petition]

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