In Brief
A woman died in January 1994 after undergoing emergency hysterectomy at a nursing home without ICU facilities, despite foreseeable post-operative risks and nearby facilities with ICU being available. Her heirs sued for medical negligence. The State Commission awarded compensation; the National Commission reversed it on the ground that the surgical decision followed accepted medical practice. The Supreme Court held: while the decision to operate itself was not negligent, the choice of an inadequate facility without ICU amounted to separate negligence. The Court awarded Rs. 5 lakh compensation without interest and directed Consumer Fora to coordinate with Legal Services Authorities and employ ADR mechanisms for speedy resolution.
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