Mumbai: The Maharashtra State Consumer Disputes Redressal Commission has dismissed allegations of medical negligence against Bombay Hospital and its doctors, overturning a 2019 order passed by the South Mumbai District Consumer Commission.
The case, filed by 80-year-old Meena Divekar of Colaba, centered around claims that she contracted the Hepatitis C virus following a hysterectomy procedure at the hospital in 2007. Divekar alleged the infection was due to inadequate sanitation in the operation theatre. In 2019, the District Commission had ordered Bombay Hospital to pay ₹5 lakh in compensation and reimburse her medical expenses.
However, the State Commission—comprising President S.P. Tavade and Member Vijay Premchandani—quashed the order, stating there was no conclusive evidence of negligence. The Commission also directed that the appeal deposit be refunded to the hospital.
In its appeal, Bombay Hospital presented an expert report from a three-member panel of doctors appointed by the Dean of J.J. Hospital. The panel, consisting of Dr. Abhay Chaudhari, Dr. V.K. Joglekar, and Dr. Rekha Davar, said the absence of vital reports—specifically the HCV RNA viral load and genotyping from 2007—meant they could not definitively link the infection to the surgical procedure.
The Commission observed that it was the complainant’s responsibility to establish deficiency in service with concrete evidence. “Mere possibility, as expressed by the complainant, is not conclusive,” the order stated, further noting that expert opinion alone did not prove any wrongdoing by the hospital.
This ruling is seen as a significant endorsement of the importance of evidence-based adjudication in medical negligence cases.
