Suffering from ailments by the patient after open cholecystectomy surgery as the development of pain, dysphagia or recurrent CBD stone when consent was taken for a laproscopic surgery was taken but no written consent for turning into open was taken does not simply mean medical negligence. In the matter titled as “Dr. S. K. Jhunjhunwala versus Mrs.
Dhanwanti Kumar & Anr., the Hon’ble Supreme Court of India vide judgement dated 01.10.2018 has held that simply proving the suffering of ailment by the patient after the surgery does not amount to medical negligence. The doctor can be held for medical negligence only if the suffering of any such ailment is because of improper performance of the surgery and that too with the degree of negligence on the part of the doctor. Facts of the case: Mrs. Dhanwanti Kumar (patient) had filed the consumer complaint case claiming compensation for the loss,…
