In Brief
A woman died following a hysterectomy performed at a nursing home lacking ICU facilities, despite foreseeable post-operative complications. The Supreme Court held that while the surgeon's decision to operate was not itself negligent, neither the State nor National Consumer Commission examined whether performing surgery at an under-equipped facility amounted to negligence. The Court awarded Rs. 5 lakh compensation to the deceased's heirs for failure to use an adequately equipped hospital, noting that ICU complications were reasonably foreseeable and adequate facilities were nearby. The judgment also emphasized speedy disposal of consumer cases and directed coordination with legal services authorities.
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