Supreme Court Steps In: Fortis Hospital Faces Brain Injury Compensation Case

The Supreme Court of India recently took action, issuing a notice to Fortis Hospital in a case involving a young child, Devarsh Jain, who is pursuing compensation for an alleged birth-related brain injury in 2017. This move follows a plea from Devarsh, represented by his mother, opposing a decision by the National Consumer Dispute Redressal Commission (NCDRC) that rejected their compensation claim.

A bench composed of justices Sanjay Kumar and Alok Aradhe has required Fortis Hospital and other parties involved to respond, with a hearing scheduled for December 8, 2025. The compensation claim was initially turned down by the NCDRC, which dismissed the case in March 2025. Senior advocate Menaka Guruswamy and Advocate Rajiv Ranjan Dwivedi, acting on behalf of Devarsh Jain, criticize this decision as a misconstrued interpretation of the complaint.

The appeal highlights serious allegations against Fortis Hospital, specifically two pediatricians accused of causing irreversible brain damage leading to Devarsh's permanent vegetative state. The child's legal representatives argue that the NCDRC's oversight treated the complaint as a broader public interest litigation rather than focusing on the specific claims of misconduct. Meanwhile, Fortis Hospital has indicated they have yet to receive formal notice and will address the allegations following the provision of official documents.