VidhiSangh

Supreme Court of India · 01/10/2018

DR. S. K. JHUNJHUNWALA versus MRS. DHANWANTI KAUR & ANR.

[2018] 12 S.C.R. 868 · 2018 INSC 915

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Summary

The Supreme Court restored dismissal of the patient’s medical-negligence complaint and set aside the National Commission’s compensation award. On the particular consent form and evidence, conversion from laparoscopic to conventional gall-bladder surgery was authorised when abnormalities were discovered; the surgeon had also informed and obtained consent from the attending husband. The patient did not establish a specific negligent act or a causal connection between the operation and her later ailments. An adverse outcome alone did not prove departure from reasonable professional competence.

Issues

  1. Whether the surgeon’s conversion to conventional surgery lacked consent on the evidence.
  2. Whether the patient proved negligent treatment and a causal connection with the later ailments.
  3. What professional standard governed the assessment of the surgeon’s conduct.

Held

Result

Appeal allowed; National Commission’s order set aside and State Commission’s order dismissing the medical-negligence complaint restored.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 868.