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The Supreme Court on Thursday addressed a public interest litigation (PIL) challenging the live demonstration of medical surgeries during training sessions and medical conferences, which the petitioners argue compromises patient safety and informed consent. A bench comprising Justices Surya Kant and Ujjal Bhuyan remarked that the matter raised a “serious cause” tied to state policy, warranting judicial consideration regardless of the petitioners' locus.
The bench briefly heard arguments but adjourned the case due to the absence of representatives for the Union of India and the National Medical Commission (NMC). Justice Kant directed the Registry to notify the Standing Counsel for NMC and the Attorney General’s office to ensure representation at the next hearing.
Senior Advocate Gopal Sankaranarayanan, representing the petitioners, highlighted that 38 live surgeries were conducted recently, expressing concerns over the potential impact on patient safety and medical ethics. Justice Kant, after reviewing the records, acknowledged the gravity of the issue, noting its implications on state policy.
An intervention application from the Medico Legal Society of India, represented by Dr. Rajiv Joshi, was also granted, allowing the Society to assist in the case.
Originally brought to the Court’s attention by a bench led by Chief Justice DY Chandrachud in October 2023, the petition raises concerns over the practice of live surgical broadcasts (LSB). It argues that organizations like the All India Ophthalmological Society sometimes conduct these broadcasts in large medical conferences, with up to 800 participants viewing and interacting with the surgeon mid-procedure. The petition claims that such broadcasts are restricted in several countries and points to an incident in 2015 where a live-broadcasted surgery led to a patient’s death.
The petitioners contend that LSB compromises informed consent, particularly for economically disadvantaged patients who may be swayed by surgery cost waivers but may not fully understand the risks. They allege that commercial interests, including advertising and sponsorships, drive live surgery broadcasts, potentially undermining the integrity of medical education and patient safety.
The PIL seeks directives for the NMC to establish a monitoring committee to regulate live broadcasts and develop guidelines safeguarding patient rights and medical ethics.
Case Title: Rahil Chaudhary & Ors. vs. Union of India & Ors., W.P.(C) No. 1141/2023
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