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
