LAWS(SC)-2019-12-63

MAHARAJA AGRASEN HOSPITAL Vs. MASTER RISHABH SHARMA

Decided On December 16, 2019
Maharaja Agrasen Hospital Appellant
V/S
Master Rishabh Sharma Respondents

JUDGEMENT

(1.) The present Civil Appeals arise out of a complaint of medical negligence made by Respondent Nos. 1 to 3 ­ the Complainants against the Appellant No.1 ­ Hospital and Appellant Nos. 2 to 4 ­ the Paediatricians and Ophthalmologist Doctors working with the Appellant No.1- Hospital, and Respondent No.4- the Gynaecologist, before the National Consumer Disputes Redressal Commission (hereinafter referred to as the "National Commission").

(2.) The National Commission vide Judgment and Order dated 10.05.2016 ("impugned Judgment") allowed the consumer complaint, and held the Appellant No.1 ­ Hospital, and Appellant Nos. 2 to 4 ­ Doctors guilty of medical negligence, since they failed to carry out the mandatory check up of Retinopathy of Prematurity ("ROP") on Respondent No.1- Master Rishabh, who was a pre-term baby, which led to his total blindness. In so far as Respondent No.4- Dr. Rama Sharma, the Gynaecologist is concerned, who had delivered the baby, she was exonerated by the National Commission, and has not been pressed before this Court.

(3.) Aggrieved by the impugned Judgment passed by the National Commission, the Appellant No.1- Maharaja Agrasen Hospital, a super speciality hospital, Appellant No.2 -Dr. G.S. Kochhar and Appellant No.3- Dr. Naveen Jain, the Consultant Paediatricians working for the Appellant No.1 ­ Hospital, and Appellant No.4-Dr. S.N. Jha, the Senior Consultant Ophthalmologist working for the Appellant No.1- Hospital have filed Civil Appeal No. 6619 of 2016.