The NCDRC dismissed Fortis neurosurgeons' appeal and upheld a ₹50 lakh award, holding negligence proved on res ipsa loquitur where surgery proceeded without fresh pre-operative investigations and without informed consent, while exonerating the hospital.
The Supreme Court set aside an NCDRC finding of negligence against an eye surgeon, holding that a worsening outcome after surgery does not prove negligence. The Court reaffirmed the Bolam test and placed the burden of proving negligence on the complainant, who had led no expert evidence.
The National Consumer Disputes Redressal Commission found a surgeon guilty of gross medical negligence for removing a patient's healthy left kidney instead of her diseased right one, awarding the family a total of approximately ₹2 crore.