Nursing homes without ICU can't perform surgery: SC

The court however absolved the doctor of medical negligence charges, but ordered compensation of Rs 5 lakh to be paid to the petitioner.

The Supreme Court has held that nursing homes without an ICU cannot conduct surgeries. The case was relating to alleged medical negligence as a result of which a man lost his wife.

The petitioner Bijoy Kumar Sinha said that due to alleged negligence of the doctor who conducted a hysterectomy surgery, his wife passed away at a nursing home in Kolkata. He also said that the nursing home did not have an ICU facility.

The petitioner who fought a long legal battle for 23 years died during the pendency of the case. His son Soumik pursued the case and finally got justice in the Supreme Court.

The court noted that the Consumer Protection Act was an additional remedy. Provisions of the Consumer Protection Act, 1986, are in addition to and not in derogation of any other law. Thus, the Act provides for additional remedies. The authorities under the Act exercise quasi-judicial powers. The award of damages (in the case filed by Sinha) is aimed at bringing about qualitative change in the attitude of service providers," the court held.

The court however absolved the doctor of medical negligence charges, but ordered compensation of Rs 5 lakh to be paid to the petitioner.

OneIndia News