Supreme Court of India
Samira Kohli v. Dr. Prabha Manchanda & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that to nurture the doctor- patient relationship on the basis of trust, the extent and nature of information required to be given by doctors should continue to be governed by the Bolam test rather than the 'reasonably prudential patient' test evolved in Canterbury.
Judgment, page 43
From the headnote
Consumer Protection Act, 1986: Medical Negligence: c Deficiency in service - Doctor performing radical surgery without obtaining consent from patient resulting in removal of her reproductive organs - Compensation - Complaint rejected by National Consumer Commission - Correctness of - Held: Right of patient with regard to his/her body inviolable - It would be unreasonable for a doctor to start particular treatment! surgery without the consent of patient unless it was considered necessary to save life/preserve health of the patient- Consent of patient for diagnostic procedure/surgery cannot be
Authorities it was built on
Where later benches applied it
- 2018 Dr. S. K. Jhunjhunwala v. Mrs. Dhanwanti Kaur & Anr.
- 2013 Dr. Balram Prasad v. Dr. Kunal Saha & Ors.
Of those, 2 referred to
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