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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 2.5-year-old boy suffered severe brain damage and permanent disability following a routine circumcision surgery due to aspiration of vomit material during anesthesia recovery. All three consumer forums (District, State, and National Commission) found the doctors medically negligent for failing to take adequate precautions against a known surgical complication. While the National Commission awarded Rs 10 lakh compensation, the Supreme Court held this inadequate for the child's lifelong nursing and medical care needs. Using Article 142 powers to do complete justice, the Court enhanced compensation by an additional Rs 7 lakh, recognizing that disability cases impose greater lifelong emotional and financial burdens than death.

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Consumer Protection Medical Negligence Compensation Disability

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