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.