NON-AVAILABILITY OF EMERGENCY OPERATION THEATRE, DOCTOR'S FOREIGN VISIT NOT MEDICAL NEGLIGENCE: SUPREME COURT No fault can be attached to a hospital if the operation theatres were occupied when the patient was taken for surgery, the Supreme Court held on Tuesday (Bombay Hospital and Medical Research Centre vs Asha Jaiswal). A Bench of Justices Hemant Gupta and V Ramasubramanian held that operation theatres in hospitals cannot be presumed to be available at all times. "No doctor can assure life to his patient but can only attempt to treat his patient to the best of his ability, " the Court underscored. While allowing the appeal, the top court stated that ₹5 lakh which was paid to the complainant will not be taken back post the judgment and should be treated as "ex-gratia" payment. Reddy & amp; Reddy Law Firm is having team of advocates and will help you in all Disputes.