Deep Nursing Home vs Manmeet Singh Mattewal 2025 INSC 1094 - Medical Negligence- Pleadings

Medical Negligence - Simply because a patient did not favourably respond to the treatment given by a physician or if a surgery failed, the doctor cannot be held liable per se by applying the doctrine of res ipsa loquitur - no sensible professional would intentionally commit an act or omission which would result in harm or injury to a patient as the reputation of that professional would be at stake and a single failure may cost him or her dear in that lapse- Sometimes, despite best efforts, the treatment by a doctor may fail but that does not mean that the doctor or surgeon must be held guilty of medical negligence, unless there is some strong evidence to suggest that he or she is. It was also pointed out that Courts and Consumer Fora are not experts in medical science and must not substitute their own views over that of specialists. (Para 23)

Pleadings - The decision of a case cannot be based on grounds outside the pleadings of the parties and it is the case pleaded that has to be found - No party should be permitted to travel beyond its pleadings and that all necessary and material facts should be pleaded by a party in support of the case set up by it -The object and purpose of pleadings is to enable the adversary party to know the case it has to meet as, in order to have a fair trial, it is imperative that a party should settle the essential material facts so that the other party may not be taken by surprise. (Para 29) [Context: SC observed that NCDRC could not travel beyond the pleadings in the complaint case and build up a new case on its own]

Constitution of India - Article 136 - A special leave petition under Article 136 of the Constitution is not the proper remedy against an appellate order passed by the NCDRC. (Para 4)