Supreme Court of India · 2008-01-16
Samira Kohli vs Dr. Prabha Manchanda & Anr
- Citation / case number
- AIR 2008 SUPREME COURT 1385
- Court
- Supreme Court of India
- Petitioner
- Samira Kohli
- Respondent
- Dr. Prabha Manchanda & Anr
- Bench
- B. N. Agarwal, P. P. Naolekar, R. V. Raveendran
Judgment text excerpt
The Supreme Court upheld the principles of medical negligence under the Consumer Protection Act, 1986, specifically referencing Section 21. The Court found that the respondent performed a hysterectomy without obtaining proper consent from the appellant, who was under anesthesia, thereby constituting negligence and unauthorized medical treatment. The appeal against the National Consumer Disputes Redressal Commission's order was allowed, and the appellant was entitled to compensation for the unauthorized surgery and its consequences.