In a judgment that may have major implications for surgeries in smaller hospitals and nursing homes, Supreme Court has opined that hospitals/nursing homes without adequate intensive care unit (ICU) facility should not undertake surgical procedures in which there is reasonable chance for serious post-operative complications putting the life of the patient in danger. The Apex Court was hearing an appeal by one Mr. Bijoy Sinha Roy (who has also passed away during pendency of this case) whose wife died following post-surgical complications after hysterectomy (removal of uterus) by one Dr. Biswanath Das in a small nursing home in 1994 (see SC judgment below). However, the court did not held the doctor for specific “medical negligence” in the diagnosis or treatment of the patient. Apart from this important direction, Apex Court also criticized the fact that it took long 23 years for this case to be settled an directed National Consume Forum (NCDRC) to frame new ways to dispose of cases of medical negligence in an expedited manner.
