Case Detail : Civil Appeal Nos. 272, 5526 of 2012
Neeraj Sud & Anr………….Appellants
Vs.
Jaswinder Singh (minor) & Anr………….Respondents
The court stressed that complications, even unexpected ones, do not necessarily imply that a doctor has failed to perform their duties with due diligence and skill
In appeals filed against the judgment passed by National Consumer Disputes Redressal Commission (‘NCDRC’), wherein it was held that the doctor was apparently negligent in not giving proper treatment and was also careless in not performing the repeat eye surgery, the division bench of Pamidighantam Sri Narasimha and Pankaj Mithal, JJ. while setting aside the impugned judgment, held that simply for the reason that the patient has not responded favourably to the surgery or the treatment administered by a doctor or that the surgery has failed, the doctor cannot be held liable for medical negligence straightway by applying the doctrine of Res Ipsa Loquitor unless it is established by evidence that the doctor failed to exercise the due skill possessed by him in discharging of his duties….
The Supreme Court has emphasised that medical professionals cannot be held liable for negligence solely because surgery or treatment does not produce the expected results, asserting that the culpability of doctors must stem from clear evidence pointing to a deviation from accepted medical practices.
In a ruling that underscored the protection of medical professionals against allegations of negligence, the court stressed that complications, even unexpected ones, do not necessarily imply that a doctor has failed to perform their duties with due diligence and skill.
“Simply for the reason that the patient has not responded favourably to the surgery or the treatment administered by a doctor or that the surgery has failed, the doctor cannot be held liable for medical negligence straightway by applying the doctrine of ‘Res Ipsa Loquitur’ [ Latin term meaning ‘the thing speaks for itself’] unless it is established by evidence that the doctor failed to exercise the due skill possessed by him in discharging of his duties,”
