Najrul Seikh vs Dr. Sumit Banerjee

insc-2024-184 Supreme Court of India 22 February 2024 • 8 min read

Judges (2)

Parties (2)

Case Significance

Najrul Seikh vs Dr. Sumit Banerjee is a Supreme Court of India decision dated February 22, 2024 (citation: insc-2024-184). A BPL card holder father appealed after his 13-year-old son lost complete vision in his right eye following an allegedly negligent cataract surgery. The DCDRC had found deficiency in medical services but the SCDRC and NCDRC reversed this finding based solely on a Medical Council report. The Supreme Court restored the DCDRC's order, holding that the Medical Council report cannot override evidentiary findings and that the duty of care does not end with surgery. The bench comprised Justices Satish Chandra Sharma and Vikram Nath. The judgment was delivered by Justice Vikram Nath.

Summary

A BPL card holder father appealed after his 13-year-old son lost complete vision in his right eye following an allegedly negligent cataract surgery. The DCDRC had found deficiency in medical services but the SCDRC and NCDRC reversed this finding based solely on a Medical Council report. The Supreme Court restored the DCDRC's order, holding that the Medical Council report cannot override evidentiary findings and that the duty of care does not end with surgery.

What was the outcome of Najrul Seikh vs Dr. Sumit Banerjee?

A BPL card holder father appealed after his 13-year-old son lost complete vision in his right eye following an allegedly negligent cataract surgery. The DCDRC had found deficiency in medical services ...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-184)