In a significant development, the Supreme Court directed on 17 February that no consumer or criminal court in the country could issue a summons to a doctor or a hospital in a case of medical negligence without seeking the opinion of an expert committee of doctors. A bench comprising Justices Markandey Katju and RM Lodha allowed the appeal of Dr Martin FD Souza of Nanavati Hospital in Mumbai, who was directed by the National Consumer Disputes Redressal Commission (NCDRC) in 2002 to pay Rs400,000 (US$7,700) with interest, along with compensation of Rs300,000 to his patient MD Ishfaq. Ishfaq was undergoing treatment for a kidney transplant by D’Souza due to chronic renal failure.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in, lbhasin@vsnl.com or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
