• 21 Apr, 2026
Supreme Court of India’s Landmark Verdict: “Operating Surgeon Is the Best Judge of Procedure” – Criminal Case Against Paediatric Surgeon Quashed After 20 Years

Supreme Court of India’s Landmark Verdict: “Operating Surgeon Is the Best Judge of Procedure” – Criminal Case Against Paediatric Surgeon Quashed After 20 Years

Supreme Court of India has quashed criminal proceedings against a paediatric surgeon who performed an orchidectomy on a 1.5 year old toddler nearly two decades ago. The apex court’s April 6, 2026 ruling (2026 INSC 319) sends a clear message: the operating surgeon is the best judge of the procedure to be adopted during surgery, especially when faced with medical exigencies.

Why Doctors Came Under Consumer Law in India: Indian Medical Association vs V.P. Shantha (1995)

Indian Medical Association vs V.P. Shantha (1995) is the landmark Supreme Court judgment that brought paid medical services under the Consumer Protection Act. This decision made patients consumers and doctors and hospitals service providers, allowing medical negligence cases to be filed in consumer courts and permanently changing medico legal practice in India.

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