Supreme Court of India
Dr. S. K. Jhunjhunwala v. Mrs. Dhanwanti Kaur & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that there was no need to have another Consent Form to do the conventional surgery in the light of authorization contained in clause 4 itself because the substitute operation was of a same organ for which the former one was advised except with a difference of another well known method known in medical subject to get rid of the malady.
Judgment, page 12
From the headnote
Consumer Protection Act, 1986 – Medical Negligence – When not – Appellant performed lapar oscopy and ther eafter general sur ger y to r emove the Gall Bladder of Respondent No.1 – Respondent No.1 filed complaint alleging negligence by the appellant in performing the sur gery and claimed compensation for the mental suffering and pain suffer ed by her thr oughout after the surgery as a r esult of various ailments suffer ed by her post sur gery – Respondent No.1 further alleged that she never gave consent for performing general sur gery of her Gall Bladder rather she had given consent for
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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