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Supreme Court of India 2019-03-07 allowed

Shoda Devi vs DDU/Ripon Hospital Shimla and Ors

Bench: 2 — Dinesh Maheshwari

In Brief

A 45-year-old rural woman from Himachal Pradesh suffered medical negligence during a minor gynecological procedure when a sedative injection was inadvertently administered intra-arterially, causing acute arterial occlusion and gangrene, resulting in amputation of her right arm above the elbow. While the National Commission found medical negligence and awarded Rs. 2 lakh compensation, the Supreme Court enhanced the award by an additional Rs. 10 lakh, holding that compensation for serious disablement due to medical negligence must be reasonable and cannot be restrictively awarded to poor, rural victims. The court emphasized that all patients deserve equal professional respect and care, and compensation must adequately address long-term hardship from permanent disability.

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Medical Negligence Consumer Protection Compensation Disablement and Amputation Medical Malpractice

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