SC: ‘An in-depth understanding of the nature of a job is essential to constitute a case of negligence’

The Apex Court on 01.10.2018 in Dr. S.K. Jhunjhunwala  v Mrs.Dhanwanti  Kumar & Anr. allowed the appeal filed by the Appellant.  The  appeal   had been made  against   the   judgment and order which was   passed by the   National   Consumer   Disputes   Redressal Commission .

FACTS: The appellant being a doctor at a Nursing Home at Calcutta  had performed a laparoscopic surgery  as well as an open surgery for removing    the Gall Bladder of respondent.

A complaint was filed by the resident against the doctor and the nursing home for causing mental agony an pain while claiming compensation for committing negligence  in connection to the surgery while denying to any consent given from her side to perform an open surgery  and the aftermaths associated to her sufferings caused due to the surgery such as loss of appetite and weight etc,  whereas the appellant stated that while performing the laparoscopy several swellings were noticed as such the open surgery was mandatory and due permission  from the husband of the respondent had been taken while performing such surgery.The complaint was dismissed by the State Commission while it was allowed by the National Commission while awarding a a compensation  of  rupees two  lakhs. Being aggrieved by the order, the Appellant filed an appeal before the  Apex  Court.

ISSUE: Was the National Commission justified to allow the appeal and compensation while upholding the appellant for negligence while performing the surgery?

DECISION GIVEN BY THE SUPREME COURT OF INDIA:The Hon’Ble Supreme Court of India opined that to held a case favoring  negligence  especially in context of  a profession  such as medical , an in-depth knowledge a well as understanding is needed in terms of the  nature of such job  as well as the mistakes done by chance  by chance that  are devoid of   culpability as an element. Thus, the appeal of the Appellant was allowed while setting aside the order of the National Commission.

https://www.sci.gov.in/supremecourt/2010/17756/17756_2010_Judgement_01-Oct-2018.pdf