New Delhi, Sep 10 (IANS) – The Supreme Court has overturned a ruling of the National Consumer Disputes Redressal Commission (NCDRC) that held a Chandigarh-based doctor liable for medical negligence in the 2005 death of a woman and her newborn during childbirth.
A Bench of Justices Sanjay Kumar and Satish Chandra Sharma said the NCDRC had exceeded its jurisdiction by holding Dr. Kanwarjit Kochhar responsible for lapses in antenatal care, when the original complaint only alleged negligence in post-delivery treatment.
“The NCDRC clearly erred in building up a new case on behalf of the complainant and pinning liability upon Dr. Kochhar in the context of antenatal care and management, which was never the subject matter of the complaint,” the bench observed.
The case stemmed from the death of Charanpreet Kaur, a bank manager on deputation as a lecturer at the Punjab Institute of Cooperative Training, and her newborn at Deep Nursing Home in Chandigarh. The State Consumer Commission had earlier held both the doctor and hospital negligent, awarding Rs 20.26 lakh in compensation. On appeal, the NCDRC in 2015 cleared the hospital but held Dr. Kochhar personally liable.
Relying on expert medical board reports that found no deficiency in treatment, the Supreme Court ruled in favour of Dr. Kochhar. “The opinions expressed by the expert committees, constituted at the behest of the complainant himself, tilted the balance in favour of the doctor, as none of them found any negligence,” the bench said.
Reaffirming the principle in Jacob Mathew vs. State of Punjab, the Court stressed that every failure of treatment does not amount to medical negligence. “Simply because a patient did not favourably respond to treatment or a surgery failed, the doctor cannot be held liable per se,” it added.
The apex court not only set aside the NCDRC order but also directed the complainant to refund Rs 10 lakh already received under earlier directions.
