Doctors Cannot Be Deemed Negligent For Choosing One Acceptable Medical Procedure Over Another, Even If Outcome Is Unfavorable: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that medical opinions may vary on the appropriate course of action for treating a patient, but if a doctor follows acceptable medical practices and the court determines that they provided care with due skill and diligence, it is challenging to deem the doctor negligent even if the patient does not survive or suffers a permanent condition. Observations by the Commission The Commission observed that the primary issue in this case revolved around determining whether there was medical negligence by the doctor in providing treatment to the complainant. A doctor cannot be deemed negligent for choosing one acceptable medical procedure over another, even if the outcome is unfavorable. Even if there are differing medical opinions, as long as the doctor has acted diligently and in line with medical standards, they should not be held liable for negligence if the patient does not survive or suffers a permanent condition The commission observed that it was evident that the doctor fulfilled his duty of care and provided treatment to the patient in accordance with the reasonable standard of medical practice.