Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986: Medical Negligence:Deficiency in service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986: Medical Negligence: Deficiency in service - Doctor performing radical surgery without obtaining consent from patient resulting in removal of her reproductive organs - Compensation - Complaint rejected by National Consumer Commission - Correctness of - Held: Right of patient with regard to his/her body inviolable - It would be unreasonable for a doctor to start particular treatment/surgery without the consent of patient unless it was considered necessary to save life/preserve health of the patient- Consent of patient for diagnostic procedure/surgery cannot be construed as permission to perform therapeutic surgery - Appellant- victim admitted in the clinic of respondent only for diagnostic purposes - Before the victim regained consciousness, radical surgery performed resulting in removal of her uterus and ovaries - Under the circumstances, it cannot be said that she was informed before performing the surgery- When the patient was still at the diagnosis state, her mother's consent for radical surgery was no consent in the eyes of law- Moreover, consent by mother cannot be treated as valid/real consent - National Commission failed to notice that the question was not about the correctness of the decision to remove uterus and ovaries but failure to obtain consent for removal of the organs - Laparoscopic examination revealed that the victim was suffering from endometriosis - It could be treated either by conservative treatment or by hysterectomy - Moreover, appropriateness of treatment procedure does not make the treatment legal in the absence of consent therefor - Performance of such surgery without consent of the patient was an unauthorized invasion and interference with the body of the victim, hence, a tortuous act of assault and battery amounting to deficiency in service - But, in view of mitigating circumstances, interest of justice would be served by denying the respondent fee charged for surgery and by granting compensation of Rs. 25, 000/- to victim for unauthorizedly performing surgery - Tort - Battery - Negligence -Compensation.Medical Profession - Catch in all clauses - Scope of. Words and Phrases: 'consent', 'real consent' and 'unfound consent' - Meaning of. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2008 INSC 56 |
Petitioner | Samira Kohli |
Respondent | Dr. Prabha Manchanda & Anr. |
SCR | [2008] 1 S.C.R. 719 |
Judgement Date | 2008-01-16 |
Case Number | 1949 |
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