Death Due to Negligent Act of Doctor is an Accident: NCDRC

The National Consumer Disputes Redressal Forum (NCRDC) said that, death of a patient because of doctor’s negligence is an accident, for which the victim is entitled to get accidental death benefit from his/her insurer.

NCDRC gave this ruling while ordering one of the insurance companies to pay accidental death benefits to the beneficiary of the insured, who had died while being operated upon. NCDRC said that, the insured died during an operation by the treating doctors, where the injury to the insured is an accident caused by violent, outward and visible means.

Negligence and rash service of the doctors was evident from the fact that no anesthetist was present during the treatment/surgery. The apex consumer forum said that, this itself speaks deficiency in as well as the negligence service on the part of the doctors. The life insurance company cannot, therefore, be absolved from its liability to pay the accidental benefits to the beneficiary.