Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 – Medical Negligence – Whennot – Appellant performed laparoscopy and thereafter generalsurgery to remove the Gall Bladder of Respondent No.1 –Respondent No.1 filed complaint alleging negligence by theappellant in performing the surgery and claimed compensation forthe mental suffering and pain suffered by her throughout after thesurgery as a result of various ailments suffered by her post surgery– Respondent No.1 further alleged that she never gave consent forperforming general surgery of her Gall Bladder rather she hadgiven consent for performing laparoscopy only – Complaintdismissed by State Commission – National Commission awarded Rs.2lakhs to be paid by the appellant to Respondent No.1 on account ofnegligence on his part – Propriety of – Held: Appellant is a qualifiedsenior doctor with experience in the field and possessed the requisiteknowledge and skill in the subject to perform the surgery of GallBladder – Initially he proceeded to perform the laparoscopy of theGall Bladder but while so performing he noticed some inflammationand swelling on the Gall Bladder and therefore, decided to performthe conventional surgery – There is evidence on record that theappellant sought consent of Respondent No.1’s husband to performthe substitute operation and only thereafter proceeded to doconventional surgery – Further, in terms of Clause 4 of the ConsentForm, the appellant was entitled to perform the conventional surgeryas a substitute to the former one having noticed some abnormalitiesat the time of performing laparoscopy – Thus, there was no need tohave another Consent Form to do the conventional surgery – Presentis a clear case of grant of consent to the appellant to perform thesubstituted operation of Gall Bladder of Respondent No.1–Respondent No.1 failed to prove any specific kind of negligence ofthe appellant while performing the operation or/and thereafter – Impugned order set aside – Order passed by the State Commissionrestored.Consumer Protection Act, 1986 – Medical Negligence –Factors to be proved – Discussed. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 915 |
Petitioner | Dr. S. K. Jhunjhunwala |
Respondent | Mrs. Dhanwanti Kaur & Anr |
SCR | [2018] 12 S.C.R. 868 |
Judgement Date | 2018-10-01 |
Case Number | 3971 |
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