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january 2008

Supreme Court of India · 2008-01-16

SAMIRA KOHLI vs PRABHA MANCHANDA

Citation / case number
SC 2004/459
Court
Supreme Court of India
Petitioner
SAMIRA KOHLI
Respondent
PRABHA MANCHANDA
Author
RAVEENDRAN
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, particularly Section 21, emphasizing that consent must be informed and specific. The Court found that the respondent performed a hysterectomy without the appellant's consent while she was under anesthesia, constituting a breach of duty and negligence. The Court ruled in favor of the appellant, awarding compensation for the unauthorized surgery and its consequences, thereby reinforcing patient rights in medical treatment.

SAMIRA KOHLI vs PRABHA MANCHANDA · Niyam