The Supreme Court of India has issued a notice to Fortis Hospital in response to a plea filed by an 8-year-old child, Devarsh Jain, seeking compensation of Rs 1350 crore for an alleged brain injury at birth in 2017. The child, who is in a vegetative state, approached the court through his mother, alleging that two pediatricians employed by the hospital caused him severe brain damage due to their reckless handling. The damage has resulted in the child suffering from cerebral palsy, epilepsy, and severe visual impairment, leaving him mute and unresponsive.
The appeal was filed against the National Consumer Dispute Redressal Commission (NCDRC), which dismissed the original complaint in March 2025. The NCDRC’s decision was challenged by the child’s mother, who argued that the commission had misconstrued the facts of the complaint and treated it as a public interest litigation against the entire medical industry. The Supreme Court has listed the matter for further hearing on December 8, 2025.
The child’s lawyers, senior advocate Menaka Guruswamy and advocate Rajiv Ranjan Dwivedi, argued that the two pediatricians responsible for the child’s care were unqualified and had been appointed to senior positions in the hospital’s Neonatal Intensive Care Unit (NICU). They alleged that the doctors’ mishandling of the child had caused irreversible brain damage, resulting in a permanent vegetative state.
Fortis Hospital has responded to the allegations, stating that it has not yet been served with a notice from the Supreme Court and will review the allegations and issue a formal response once the relevant documents and legal filings are received. The hospital has retained its rights to review the allegations and will respond in accordance with the law.
The case highlights the issue of medical negligence and the need for accountability in the healthcare sector. The Supreme Court’s decision to issue a notice to Fortis Hospital is a significant development in the case, and the outcome of the hearing on December 8, 2025, will be closely watched. The child’s family is seeking compensation for the alleged negligence, which they claim has resulted in a lifetime of suffering and disability for the child.