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2022 (11) TMI 90 - SC - Indian LawsPost operative medical negligence and follow-up care - Section 23 of the Consumer Protection Act, 1986 - HELD THAT:- Taking note of the fact that treating doctors, OP Nos. 1, 2 and 5 are medical experts in the field of nephrology and so far as OP No. 6 hospital where the patient was admitted for transplantation was duly registered under the Act, 1994 and all post operative medical care protocol available at the command of the Respondents was administered to the patient, still his physical condition deteriorated and finally he could not be saved, which is really unfortunate, but there cannot be a legal recourse to what is being acceptable to the destiny. The Commission has not committed any manifest error in arriving to a conclusion that in post operative medical negligence or follow up care, there was no negligence being committed by the Respondents which may be a foundation for entertaining the complaint filed by the Appellants. In consequence thereof, the judgment of the Commission does not call for any interference by this Court. Counsel for the Appellants submitted that the nursing home/hospital where the patient was admitted for post-operative care, was not registered under the provisions of the Act 1994. With the assistance of the counsel for the parties, we have gone through the Scheme of the Act 1994 and the Rules made thereunder. The hospitals where the procedure of transplantation is undertaken are to be registered in terms of Section 14 of the Act 1994, but for postoperative care, particularly after the patient being discharged from the hospital where the procedure of transplantation has taken place, we have not come across any provision under the Act, 1994 where such hospitals are required to be registered under the Act 1994. There are no fault in the reasoning of the Commission, as a result, the appeal is without substance and deserves to be dismissed - appeal dismissed.
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