Tagged “res-ipsa-loquitur”

3 articles on res-ipsa-loquitur.

TribunalNational Consumer Disputes Redressal Commission

Fortis Health Care v. Bhagchand Meena (2024): res ipsa loquitur and the missing informed consent

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.

Valkya Editorial·23 Jun 2026·6 min

Supreme CourtSupreme Court of India

Neeraj Sud v. Jaswinder Singh (2024): post-surgery deterioration is not, by itself, medical negligence

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.

Valkya Editorial·23 Jun 2026·6 min

TribunalNational Consumer Disputes Redressal Commission

Veer Singh v. Dr. Rajeev Lochan (NCDRC, 2026): a wrong-kidney removal as gross medical negligence

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.

Valkya Editorial·22 Jun 2026·6 min