In Brief
A 15-year-old boy with critically low platelet count (35,000 cu.mm against normal 1.5-4 lakh) died after an abdominal surgery to remove roundworms. The Supreme Court held the operating surgeon was medically negligent for deciding to operate without evidence that surgery was the only life-saving option. Although doctors may take risks in complicated cases, an unreasonable decision without such evidence constitutes negligence. The Court set aside the NCDRC's absolution of the surgeon and held the hospital vicariously liable for the full compensation of Rs. 6,00,000/-, which must be determined on principles of fairness, reasonableness and equitability based on the deceased's age and income.
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