Medical Professionals Should Not Be Dragged Into Criminal Proceedings Unless Negligence Of A High Order Is Shown: SC [Read Judgment]
4 years, 10 months ago

Medical Professionals Should Not Be Dragged Into Criminal Proceedings Unless Negligence Of A High Order Is Shown: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the medical professionals should not be dragged into criminal proceedings unless negligence of a high order is shown. It said: "In Jacob Mathew's Case this Court clearly held that in criminal law medical professionals are placed on a pedestal different from ordinary mortals. Such a medical profession may be liable to pay damages but unless negligence of a high order is shown the medical professionals should not be dragged into criminal proceedings. That is why in Jacob Mathew's case this Court held that in case of criminal negligence against a medical professional it must be shown that the accused did something or failed to do something in the given facts and circumstances of the case which no medical professional in his ordinary senses and prudence would have done or failed to do."

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History of this topic

SC Rejects Medical Negligence Claim: Focus on Clear Deviation from Accepted Medical Practices
2 months, 1 week ago

SC Rejects Medical Negligence Claim: Focus on Clear Deviation from Accepted Medical Practices

Hindustan Times  

The Supreme Court has reaffirmed that medical professionals cannot be held liable for negligence solely because a surgery or treatment does not produce the expected results. 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. The case in question revolved around a complaint …

Medical Negligence: MP High Court Quashes Prosecution Against Doctor Over Leg Amputation Citing Absence Of Expert Committee Report
9 months, 3 weeks ago

Medical Negligence: MP High Court Quashes Prosecution Against Doctor Over Leg Amputation Citing Absence Of Expert Committee Report

Live Law  

Madhya Pradesh High Court has iterated that no prosecution can be launched against a doctor accused of medical negligence without the report of an expert committee as contemplated in Jacob Mathew v. State of Punjab & Anr.. The single-judge bench of Justice Gurpal Singh Ahluwalia noted that the complainant did not approach a committee of experts to prove the medical …

Kerala High Court flays police for not preventing murder of doctor
1 year, 7 months ago

Kerala High Court flays police for not preventing murder of doctor

The Hindu  

Slamming the police for their failure to anticipate and prevent the attack and the gruesome murder of house surgeon Vandana Das at the Kottarakara taluk hospital, a Division Bench of the Kerala High Court on Wednesday directed the State Police Chief to appear before it online on May 11 and file a report on the incident. The court pointed out …

Simply Because Patient Didn't Respond Favourably To Treatment Or Surgery Failed, Doctor Cannot Be Held Negligent: Kerala High Court
1 year, 11 months ago

Simply Because Patient Didn't Respond Favourably To Treatment Or Surgery Failed, Doctor Cannot Be Held Negligent: Kerala High Court

Live Law  

The Kerala High court on Thursday observed that a mere deviation from normal professional practice or an accident or untoward incident is not enough to prove medical negligence. The doctors, gynaecologist and nurses involved in the incident were booked for medical negligence and convicted, following which the criminal appeal was filed before the High Court. There must be sufficient evidence …

Doctors Cannot Be Held Liable For Medical Negligence Merely Because They Could Not Save The Patient : Supreme Court
2 years, 8 months ago

Doctors Cannot Be Held Liable For Medical Negligence Merely Because They Could Not Save The Patient : Supreme Court

Live Law  

The Supreme Court observed that merely because doctors could not save the patient, he/she cannot be held liable for medical negligence. "The doctors are expected to take reasonable care, but no professional can assure that the patient will come back home after overcoming the crisis" the bench comprising Justices Ajay Rastogi and Abhay S. Oka observed.The court added that the …

'Medical Negligence Cases Recklessly Launched': Karnataka High Court Bats For Legal Protection Of Doctors Against Bonafide Errors
2 years, 11 months ago

'Medical Negligence Cases Recklessly Launched': Karnataka High Court Bats For Legal Protection Of Doctors Against Bonafide Errors

Live Law  

The Karnataka High Court has suggested that medical professionals should be protected from legal action just like public servants are protected against bonafide errors in their action. The court said "Compensation culture'' which obtains in other jurisdictions is gradually gaining entry to the field of medical services in our society affecting a healthy relationship of doctor & patient. Following which …

Doctor can’t be held guilty of negligence just because a patient died: Supreme Court
3 years, 1 month ago

Doctor can’t be held guilty of negligence just because a patient died: Supreme Court

Hindustan Times  

No doctor can assure life to his patient but can only attempt to treat everyone to the best of his or her abilities, said the Supreme Court on Tuesday, as it underscored that a doctor cannot be held guilty of medical negligence just because a patient has not survived. The bench added: “In spite of the treatment, if the patient …

Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery: Supreme Court
3 years, 4 months ago

Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery: Supreme Court

Live Law  

The Supreme Court observed that a medical professional cannot be held negligent merely because the treatment is not successful or the patient dies during surgery.To indicate negligence, the bench of Justices Hemant Gupta and AS Bopanna said, there should be material available on record or else appropriate medical evidence should be tendered. The Supreme Court observed that a medical professional …

[Medical Negligence] Medical Experts Are Not Expected To Have Jurisprudential Expertise: Calcutta HC [Read Judgment]
5 years, 1 month ago

[Medical Negligence] Medical Experts Are Not Expected To Have Jurisprudential Expertise: Calcutta HC [Read Judgment]

Live Law  

On Wednesday, while setting aside an order passed by the West Bengal Medical Council, the Calcutta High Court remarked that even though the Council has medical expertise, it may not have jurisprudential expertise. The court noted that the "hearing" which was given to the petitioner was on the charges originally formulated in the notice against him, which did not contain …

Medical Negligence - Trial Court Should Examine Medical Expert Before Framing Charges : SC [Read Order]
5 years, 2 months ago

Medical Negligence - Trial Court Should Examine Medical Expert Before Framing Charges : SC [Read Order]

Live Law  

The Supreme Court has reiterated that examination of a report of an independent medical expert is crucial before proceeding against a doctor accused of medical negligence. It had held therein, A private complaint may not be entertained unless the complainant produces prima facie evidence before the Court in the form of a credible opinion given by another competent doctor to …

Medical Negligence : When Can A Doctor Be Held Liable For Lack Of Expertise?
5 years, 5 months ago

Medical Negligence : When Can A Doctor Be Held Liable For Lack Of Expertise?

Live Law  

On a philosophical standpoint we acknowledge error as an essence of life. Through every failure we familiarise something new, but this point of view is not appropriate when error is committed from the part of a professional especially the one who works in the medical domain.Any negligence or error from the part of the doctor that causes some damage to …

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