Supreme Court of India

Kusum Sharma & Others v. Batra Hospital & Medical Research Centre & Others

Neutral citation

Reported as [2010] 2 S.C.R. 685

Decided 10 February 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

From the headnote

Consumer Protection Act, 1986: c Deficiency in Service - Claim for compensation - Death of patient in hospital - Allegation of medical negligence in conducting surgery and post surgical care - HELD: The doctor who performed the operation had reasonable degree of skill and knowledge - National Commission has rightly 0 held him not guilty of negligence - Merely because the doctor chooses one course of action in preference to the other, he would not be liable if the course of action chosen by him was acceptable to the medical profession - Tort - Negligence - Difference between 'negligence and

Authorities it was built on

2005 Jacob Mathew v. State of Punjab and Anr. cited by 26
1996 Achutrao Haribhau Khodwa and Ors. v. State of Maharashtra and Ors. cited by 10
1998 M/s. Spring Meadows Hospital Ano Anr. v. Harjol Ahulwalia through K.S. Ahulwalia and Anr. cited by 10
1964 Kurban Hussein Mohammedali Rangwalla v. State of Maharashtra cited by 10
1979 Syad Akbar v. State of Karnataka cited by 8
1995 Indian Medical Association v. V.P. Shantha and Ors. cited by 5
2009 Dr. C.P. Sreekumar, M.S. (ortho) v. S. Ramanujam cited by 3
1996 Poonam Verma v. Ashwin Patel & Ors. cited by 2
2000 State of Haryana and Ors. v. Smt.santra cited by 2

Where later benches applied it

2023 M.a Biviji v. Sunita & Ors. relied on
2022 Dr. (mrs.) Chanda Rani Akhouri & Ors. v. Dr. M.A. Methusethupathi & Ors. relied on
2021 Bombay Hospital & Medical Research Centre v. Asha Jaiswal & Ors. relied on
2019 Vinod Jain v. Santokba Durlabhji Memorial Hospital & Anr. relied on
2019 Arun Kumar Manglik v. Chirayu Health and Medicare Private Ltd. & Anr. relied on
2022 Harnek Singh & Ors. v. Gurmit Singh & Ors. referred to
2019 Maharaja Agrasen Hospital & Ors. v. Master Rishabh Sharma & Ors. referred to
2019 Nand Kishore Prasad v. Dr. Mohib Hamidi & Others referred to
2013 Dr. P.B. Desai v. State of Maharashtra & Anr. referred to

Of those, 5 relied on · 4 referred to

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.