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october 2018

Supreme Court of India · 2018-10-01

DR. S.K.JHUNJHUNWALA vs MRS. DHANWANTI KAUR

Citation / case number
SC 2010/17756
Court
Supreme Court of India
Petitioner
DR. S.K.JHUNJHUNWALA
Respondent
MRS. DHANWANTI KAUR
Author
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Bench
HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

Judgment text excerpt

The Supreme Court upheld the National Consumer Disputes Redressal Commission's decision under Section 10 of the Consumer Protection Act, 1986, which found the appellant negligent in performing gall bladder surgery without obtaining informed consent from the complainant. The Court established that a medical professional must ensure that patients are fully informed about the nature of the procedure and any associated risks before proceeding. The appeal was dismissed, affirming the compensation awarded to the complainant for mental suffering and pain due to the appellant's negligence.

DR. S.K.JHUNJHUNWALA vs MRS. DHANWANTI KAUR · Niyam