‘Eggshell Skull’ Rule

Facts for Prelims (FFP)

 

Source: IE

 Context:  The Supreme Court rejected the application of the ‘eggshell skull’ rule in a medical negligence case, restoring a compensation of Rs 5 lakhs awarded by the district consumer forum.

 

What is the ‘eggshell skull’?

The “eggshell skull” rule, also known as the “thin skull rule” in some cases, is a legal principle applied in civil litigation. Essentially, it dictates that a defendant in a lawsuit is liable for all injuries caused to the plaintiff, even if the plaintiff’s condition makes them more susceptible to harm than an average person.

In this case, Jyoti Devi suffered prolonged pain due to a needle left in her abdomen after surgery. While lower courts applied the rule, the SC ruled it inapplicable as Jyoti didn’t have pre-existing vulnerabilities. The ruling emphasized prolonged suffering and delayed justice as factors justifying the enhanced compensation.