New Delhi, Sep 10 (IANS) – The Supreme Court has quashed a National Consumer Disputes Redressal Commission (NCDRC) order that held a Chandigarh-based doctor liable for medical negligence in the death of a woman and her newborn during delivery.
A Bench of Justices Sanjay Kumar and Satish Chandra Sharma ruled that the NCDRC had “overstepped” its jurisdiction by attributing lapses in antenatal care, even though the original complaint was confined only to alleged deficiencies in post-delivery treatment.
“The NCDRC clearly erred in building up a new case on the complainant’s behalf and in pinning negligence on Dr. Kanwarjit Kochhar with respect to antenatal care, which was never part of the complaint,” the Bench observed.
The case stemmed from the 2005 death of Charanpreet Kaur, a cooperative bank manager on deputation as a lecturer, and her newborn at Deep Nursing Home, Chandigarh.
While the Punjab State Consumer Commission had found both Dr. Kochhar and the hospital negligent in post-delivery care, awarding Rs 20.26 lakh in compensation to the complainant, the NCDRC in 2015 modified the order—clearing the hospital but holding Dr. Kochhar personally responsible for failing to provide adequate antenatal supervision.
The Supreme Court, however, relied on reports from expert medical boards, which found no deficiency in treatment. “The opinions of the doctors and experts clearly tilted the balance in favour of Dr. Kochhar, as none of them found medical negligence on her part. These boards were constituted at the complainant’s own request, and he cannot now disregard their findings,” the judgment noted.
Reaffirming the principle laid down in Jacob Mathew vs. State of Punjab, the court stressed that not every adverse medical outcome amounts to negligence. “Simply because a patient did not respond to treatment or a surgery failed, a doctor cannot automatically be held liable by invoking the doctrine of res ipsa loquitur,” the Bench said.
The apex court set aside the NCDRC order and directed the complainant to return Rs 10 lakh, which had been released under earlier interim orders.
