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Supreme Court of India 2019-03-07 allowed

SHODA DEVI vs DDU/Ripon Hospital Shimla and Ors

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

Shoda Devi, a 45-year-old woman from rural Himachal Pradesh, underwent minor gynecological surgery at a government hospital. Due to intra-arterial injection of sedative without proper precautions, she developed acute limb ischemia requiring amputation of her right arm above the elbow. The National Commission found medical negligence and awarded Rs. 2 lakh compensation. The Supreme Court enhanced this by Rs. 10 lakh, holding that compensation for disablement from medical negligence should not be restrictive, especially for poor rural victims. The Court emphasized that all patients deserve equal professional responsiveness and cited insensitive remarks made to the appellant as aggravating factors warranting higher compensation for pain, suffering, and permanent disability."> </invoke>

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