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october 2018

Supreme Court of India · 2018-10-01

Dr. S.K.Jhunjhunwala vs Mrs. Dhanwanti Kumar

Citation / case number
AIR 2018 SUPREME COURT 4625
Court
Supreme Court of India
Petitioner
Dr. S.K.Jhunjhunwala
Respondent
Mrs. Dhanwanti Kumar
Author
Abhay Manohar Sapre
Bench
Vineet Saran, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court addressed an appeal against the National Consumer Disputes Redressal Commission's order under Section 10 of the Consumer Protection Act, 1986, which had set aside the State Commission's ruling. The Court held that the appellant, a surgeon, was liable for negligence as he failed to obtain informed consent from the complainant prior to performing surgery, thereby violating the principles of medical ethics and patient rights. The Court upheld the National Commission's decision, affirming the complainant's right to compensation for the mental suffering and pain endured post-surgery.

Dr. S.K.Jhunjhunwala vs Mrs. Dhanwanti Kumar · Niyam