Supreme Court · 2010 INSC 129 · Decided 8 March 2010
V. Kishan Rao v. Nikhil Super Speciality Hospital & ANOTHER.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 129 · [2010] 5 S.C.R. 1
- Case number
- CIVIL APPEAL No. 2641/2010
- Decided
- 8 March 2010
- Bench
- G.S. SINGHVI, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 61, 64, 74, 75; Consumer Protection Act
Headnote
Consumer Protection Act, 1986: A 8 Medical Negligence - Expert Evidence - Requirement c of - Held: Expert evidence is not required in all medical negligence cases - Expert evidence is necessary when Fora comes to the conclusion that case is complicated or such that it cannot be resolved without opinion - Fora cannot follow mechanical or strait jacket approach - 0 Each case has to be judged on its own facts - Negligence. s. 2(1)(g) - Medical Negligence/Deficiency in service - Patient suffering intermittent fever with chill admitted to hospital - Condition worsened critically and shifted
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