aarogya.com
  • Home
  • Complementary Medicine
    • Ayurveda
    • Homeopathy
    • Naturopathy
    • Acupressure
    • Acupuncture
    • Aromatherapy
    • Batch Flower Remedies
    • Home Remedies
    • Massage
    • Yoga
    • Meditation
    • Reiki
    • Bodywork
    • Medical Palmistry
  • Conditions & Diseases
    • Acute Diarrheal Disease
    • Appendicitis
    • Blindness
    • Brucellosis
    • Chicken Pox
    • Conjunctivitis
    • Dysentery
    • Hookworm
    • Japanese Encephalitis
    • Lymphatic Filariasis
    • Plague
    • Rubella
    • Typhoid Fever
    • Yellow Fever
    • Allergy
    • Arthritis
    • Blood Pressure
    • Computer Health Hazards
    • Chikungunya Fever
    • Dengue
    • Guinea Worm
    • Influenza
    • Leprosy
    • Malaria
    • Poliomyelitis
    • Tetanus
    • Whooping Cough
    • Viral Hepatitis
    • Amebiasis
    • Asthma
    • Bronchitis
    • Diagnostic Tests
    • Cholera
    • Diphtheria
    • Hepatitis
    • Irritable Bowel Syndrome
    • Leptospirosis
    • Measles
    • Rabies
    • Tuberculosis
    • Yaws
  • Family Health
    • Children's Health
    • Diet & Nutrition
    • First Aid
    • Fitness
    • Humor & Trivia
    • Men's Health
    • Preventive Health
    • Senior's Health
    • Senior Citizen Corner
    • Teen’s Health
    • Vets and Pets
    • Women’s Health
  • Health Resources
    • Blood Donation
    • Career Opportunities
    • Daily Health Tips
    • Health Programs
    • Featured Hospitals
    • Medical Education
    • Health Professional's Negligence
    • Medical Tourism
    • Video Eye
    • Rural Health
    • Patients' Rights Forum
  • Insurance
    • Euthanasia
    • Health Insurance
    • Health Insurance Policies
    • Insurance Companies
    • Medical Ethics
    • Medical Jurisprudence
    • Research
    • Telemedicine
    • Compare Health Insurance
  • Sex & Sexuality
    • What is Sex & Sexuality?
    • FAQs
    • Marriage & Pregnancy
    • Sex Education
  • Support Groups
    • Addiction
    • Aids
    • Cancer
    • Epilepsy
    • Swine Flu
    • Blood Search
    • Vivah
    • Health Directory
    • Alzheimer's Disease
    • Medical Support Groups
    • Cardiology
    • Depression
    • Depression Screening Test
    • Diabetes
    • Disability
    • Kidney
    • Obesity
    • Pregnancy
    • Schizophrenia
    • Vitiligo
Aarogya.com
Marathi | Gujarati | Register | Login
  • Home
  • News and Updates
  • Year 2010
  • Negligence: Doctors Get SC's Benefit of Doubt

Negligence: Doctors Get SC's Benefit of Doubt

  • Print
Details
Hits: 9474
Indian Express
10 February, 2010
Krishnadas Rajagopal
New Delhi, India

MEDICAL NEGLIGENCE ‘Doctor who performs duty, shows skil and competence, not guilty’
The Guidelines
PROVIDING relief to doctors from unhappy patientsandtheirfamilies who harass them with accusations of medical negligence, the Supreme Court today ruled that a “simple lack of care or an error of judgement or an accident” does not amount to negligence in the medical profession.

“It would not be conducive to the efficiency of the medical profession if a doctor is to administer medicine with a halter around his neck,” said a division bench of Justices Dalveer Bhandari and H S Bedi.

Noting that doctors inevitably become the first human casualty for patients or their families dejected by an unsuccessful course of treatment, the bench said that “a surgeon with shaky hands under fear of legal action cannot perform a successful operation and a quivering physician cannot administer the end–dose of medicine to his patient”.

With this judgment, the Supreme Court defined, for thefirsttime,theterm“medical negligence”, making it evenmoredifficulttoinitiate criminal action against doctorsfortreatmentgoneawry, even in cases involving death of patients.

“Negligence in the context of medical profession necessarily calls for a treatment with a difference. A simple lack of care, an error of judgement or an accident, is not proof of negligence on the part of a medical professional. Treatment skills differ from doctor to doctor,” the bench said.

A medical professional, thebenchclarified,cannotbe hauled up on the criminal chargeofmedicalnegligence “so long as the doctor followed a practice acceptable to the medical profession of that day”.

“He cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure which the accused doctor followed,” the bench ruled.

To prosecute a medical professional for criminal negligence “it must be shown that the accused doctor did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do”.

As an afterthought, the bench clarified that “we should not be understood to have held that doctors can never be prosecuted for medical negligence. As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence.”

The judgment was passed while dismissing an appeal filed by Kusum Sharma, a Delhi resident who sought a compensation of Rs 45 lakh from Dr Batra Hospital for alleged negligence which caused the death of her husband in 1990.

Kusum’s husband, R K Sharma, Senior Operations Manager with the Indian Oil Corporation, was operated upon for adrenal cancer at the hospital. He later died of other medical complications.

Dismissing the appeal, the court said “medicine is not an exact science involving precision and every surgical operation involves uncalculated risks“. In the present case, the court observed that “merely because a complication had ensued, it does not mean that the hospital or the doctor was guilty of negligence“.

Disclaimer: The news story on this page is the copyright of the cited publication. This has been reproduced here for visitors to review, comment on and discuss. This is in keeping with the principle of ‘Fair dealing’ or ‘Fair use’. Visitors may click on the publication name, in the news story, to visit the original article as it appears on the publication’s website.

0
Introducing Digital Practice for Doctors & Healthcare professionals
Swine Flu
National Award for Outstanding achievement by a Non-Professional - Tushar Sampat
Health Professional's Negligence
Health Professional's Negligence
Records of published articles in the newspapers helps common people about precautions to be taken while seeking the services from health professionals and also helps health professionals to rectify the negligence.
read more…
Specialties
Common Symptoms


Aarogya Network

aarogya.com aims to be India’s leading comprehensive health information portal. The site has sections, which cover almost all the medical specialties and give useful information on various diseases. To enhance its reach, the content is available in Indian languages too. We were the first health website to introduce online support groups. Addiction support and Epilepsy support are examples of some very active and vibrant communities.

» Click here to see all our support groups

Subscribe to Our Newsletter

 Get health related new information.

Pune Aarogya
Digital Media Dedicated to Healthcare of Punekars

Health Tools

  • Health Directory
  • Message Board
  • Health Calculators
  • Depression Screening Test

About Aarogya.com

aarogya.com aims to be India’s leading comprehensive health information portal. The site has sections, which cover almost all the medical specialties

Read more...

Suggestions

This is YOUR site, so if you have suggestions or feedback on how we can improve it for you, please let us know! We do our best to keep up!

Read more...

User Comments

“My name is Paulette Conners and I just had to send you an email thanking you since one of the pages on your site was very helpful!”

  • About Us
  • Company Profile
  • Contact Us
  • Privacy Policy
  • Feedback
  • Disclaimer
  • Sitemap
  • Invite Your Friends

© 2017 www.aarogya.com. All Rights Reserved.