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Supreme Court of India 2019-02-04 allowed

Shilaben Ashwinkumar Rana vs Bhavin K. Shah & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A two-and-a-half-year-old child underwent routine circumcision surgery but suffered post-operative aspiration of vomit material, causing laryngospasm and brain hypoxia, leaving him permanently disabled. The District Consumer Forum, State Commission, and National Consumer Commission all found the surgeon and anesthetist liable for medical negligence and awarded Rs. 10,00,000 compensation. The Supreme Court enhanced this by an additional Rs. 7,00,000, holding that lifelong disability warrants compensation accounting for future nursing care and attendant support, as the ongoing burden on the victim and family exceeds that of death itself.

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Consumer Protection Medical Negligence Compensation Deficiency of Service

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