Neeraj Sud vs Jaswinder Singh (Minor)

insc-2024-825 Supreme Court of India 25 October 2024 • CIVIL APPEAL NO. 272 OF 2012; CIVIL APPEAL NO.5526 OF 2012 • 8 min read

Judges (2)

Pamidighantam Sri Narasimha Delivered Pankaj Mithal Coram

Parties (3)

Post Graduate Institute of Medical Education & Research Appellant Jaswinder Singh Respondent Neeraj Sud Appellant

Case Significance

Neeraj Sud vs Jaswinder Singh (Minor) is a Supreme Court of India decision dated October 25, 2024 (citation: insc-2024-825). A doctor and PGI Chandigarh challenged the NCDRC's finding of medical negligence and Rs.3 lakh compensation award in a case where the patient did not respond favorably to surgery. The Supreme Court held that unfavorable surgical outcomes alone cannot establish negligence under the doctrine of Res Ipsa Loquitur without expert evidence showing the doctor failed to exercise due skill. The NCDRC order was set aside and the State Commission's dismissal restored. The bench comprised Justices Pamidighantam Sri Narasimha and Pankaj Mithal. The judgment was delivered by Justice Pamidighantam Sri Narasimha.

Summary

A doctor and PGI Chandigarh challenged the NCDRC's finding of medical negligence and Rs.3 lakh compensation award in a case where the patient did not respond favorably to surgery. The Supreme Court held that unfavorable surgical outcomes alone cannot establish negligence under the doctrine of Res Ipsa Loquitur without expert evidence showing the doctor failed to exercise due skill. The NCDRC order was set aside and the State Commission's dismissal restored.

What was the outcome of Neeraj Sud vs Jaswinder Singh (Minor)?

A doctor and PGI Chandigarh challenged the NCDRC's finding of medical negligence and Rs.3 lakh compensation award in a case where the patient did not respond favorably to surgery. The Supreme Court he...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-825)