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V. Kishan Rao v. Nikhil Super Speciality Hospital

 V. Kishan Rao v. Nikhil Super Speciality Hospital- Case Analysis by Vedant Karia at LexCliq


  1. Facts

   Appellant is an officer of the Malaria ward and got his wife admitted on 20.7.02. She had intermittent fever and complained of chills. Appellant alleges that tests were conducted and they did not detect malaria and further said that the medicine was not working on his wife. The wife reported of respiratory trouble and when the problem was brought to the authorities, they provided her with artificial oxygen but without ascertaining the need of the patient. Her health was deteriorating day by day as she was not responding to any medicines is alleged by the appellant. Finally, she was shifted to Yashoda Hospital. Dr Rao of Nikhil hospital in an affidavit given to District Forum that the patient was moved to Yashoda with a doctor. From the particulars noted, she was clinically dead.

  1. Issues

  • The appellant alleged that post conducting tests, the results did not show that she was suffering from Malaria.

  • Also, she was not responding to the medicines and then when Saline was given to her the complainant saw some particles in the bottle and brought it the notice of the staff but it went in vain



  1. Rulings of lower forums 

  • The appellant complained that proper treatment was not given the hospital staff was negligent in treating his wife.

  • District Forum: After a detailed examination of facts and relying on the evidence of Dr. Venkateshwar Rao, the District Forum said that the wrong treatment was given and she was treated for typhoid and now, the appellant is entitled for a refund of Rs. 10,000 and a compensation of Rs. 2,00,000.

  • State Commission: The Hospital filed an appeal with the State Commission and the State Commission overturned the ruling stating that no expert opinion stating presence of negligence was produced by the petitioner to prove that the treatment given was negligent or wrong and it was not a case of a complicated surgery.

  • National Commission: The National Commission upheld the judgement given by the State Commission and said that it did not find the doctor who treated the petitioner’s wife negligent in any form.

  • The case is appealed in the Supreme Court and the judgement is as follows:

  1.  Judgement – 08th March,2010

    Bench - G.S. Singhvi, Asok Kumar Ganguly

     Author-  Ganguly, J

Before forming an opinion, the Bench of the Supreme Court said that it is a complicated case and an expert opinion is required but then Rw-1 submitted evidence which  showed that multiple injections were given to the patient and one of them was for Malaria and when Yashoda Hospital confirmed that there was presence of Malaria. The Widal test showed that Typhoid was negative and yet treatment for the same was given . This proves that there was negligence and thus expert opinion was not required  said that the District Forum was right in not asking for expert evidence and the State and National Commission fell into an error. The respondent is directed to pay the amount decided by the District Forum within ten weeks  and the appeal is allowed with costs assessed at Rs.10,000 to be paid by the Hospital to  V. Kishan Ro within ten weeks.

  1. Opinion

The author feels that it is difficult for the plaintiff to procure the proof and if the case gets decided just on the basis of burden of proof, then there is a chance of an error just one like The State and the National Commission made in the above case. If there is a chance of any negligence, then the Court should get an expert opinion before forming a decision on the case and  then give the judgement accordingly
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