Patient awarded ₹25000, Doctor failed to obtain valid and real consent before the surgical procedure

Issue of Valid and Real Consent vs. Informed Consent in India Background: This appeal has been filed before the National Consumer Dispute Redressal Commission (NCDRC) under section 19 of the Consumer Protection Act, 1986 against the impugned order dated 25.03.2009 passed by the Maharashtra State Consumer Disputes Redressal Commission (for short ‘the State Commission’) in Consumer Complaint No.22/2005, “Raghavendra Rao versus Dr. Santosh J. Karmarkar & Anr.” vide which, the said consumer complaint, alleging medical negligence on the part of the OPs was ordered to be dismissed.

Brief Facts of the Case: That the appellant/complainant Raghvendra Rao had been suffering from urinary incontinence, i.e., continuous flow of urine since birth. He got himself treated from various hospitals during the previous years, i.e., 1983 and 1988 etc. As stated in the complaint, when he decided to…