A three-Judge Bench expressed anguish over the increasing commercialisation of private medicare as patients are subjected to innumerable and avoidable tests and medication involving prohibitive costs.

“Unless the unauthorised additional or further procedure is necessary in order to save the life or preserve the health of the patient and it would be unreasonable to delay the further procedure until the patient regains consciousness and takes a decision, a doctor cannot perform such procedure without the consent of the patient,” the Apex court said.

The Bench comprising Justices B N Agarwal, P P Naolekar and R V Raveendran, passed the ruling while awarding a compensation of Rs 25,000 and waiver of surgery fees to a woman Samira Kohli, whose uterus was removed by a lady obstetrician Dr Prabha Manchanda without her consent.