CASE: KUSUM SHARMA V.

BATRA HOSPITAL, (2010) 3 SCC 480

FACTS:
1. Appellants filed a complaint under Consumer Protection Act seeking Rs. 45 lakhs for
medical negligence in treating Shri R.K. Sharma.
2. Initial diagnosis indicated a benign tumor, but during surgery, it was found to be malignant.
3. Surgery led to complications, including pancreatic damage, causing pain and
inconvenience to the deceased and appellants.
4. Appellants claimed they weren't informed adequately about risks and the surgical approach
was incorrect.
5. Respondents defended, citing medical reasons for their decisions, including the choice of
surgical approach and post-operative care.
6. Dispute included arguments about informed consent, surgical methods, and post-operative
complications.
7. Appellants relied on legal precedents, while respondents argued that those cases were not
directly applicable to this situation.

ISSUE RAISED:
1. Appeal challenges a 2000 judgment by the National Consumer Disputes Redressal
Commission (NCDRC) in a case regarding medical negligence (Original Petition No.116 of
1991).
2. Appellants filed a complaint under the Consumer Protection Act, citing deficiency in
services and medical negligence after the death of Shri Sharma.
3. Appellants claimed they weren't informed promptly about pancreatic damage and spleen
removal.
4. Medical literature and expert opinion, including from Dr. N. K. Shukla of AIIMS,
supported the use of an anterior approach for malignant tumors.

JUDGEMENT:
1.The appellants have not proven medical negligence against the respondents, based on
established principles.
2. The National Commission was right to dismiss the complaint. The appeal lacks merit and
is dismissed. Each party bears their own costs.