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january 2008

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.

Samira Kohli vs Dr. Prabha Manchanda & Anr · Niyam