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Doctor cleared of medical negligence as patient fails to prove lack of reasonable skill or care The SC set aside the NCDRC's judgment holding a doctor liable for medical negligence. The Court established that medical professionals can only be held ...
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Doctor cleared of medical negligence as patient fails to prove lack of reasonable skill or care
The SC set aside the NCDRC's judgment holding a doctor liable for medical negligence. The Court established that medical professionals can only be held liable for negligence when they lack requisite qualifications/skills or fail to exercise reasonable skill possessed. The complainant failed to produce evidence proving the doctor did not exercise due diligence, care, or skill during treatment. The Court emphasized that unfavorable patient outcomes or surgical failures alone cannot establish negligence without evidence of inadequate skill exercise. Expert medical testimony was required but not provided. The State Commission's original decision dismissing the negligence claim was restored, and no compensation was awarded.
Issues: Medical negligence in treatment leading to deterioration of patient's condition, liability of doctor and medical institution, compensation claims, standard of care in medical profession, evidentiary burden in proving negligence.
Analysis: The judgment involves two appeals arising from a common order of the National Consumer Disputes Redressal Commission (NCDRC) regarding medical negligence. The complainants, a father and son, alleged negligence in the treatment of the son's congenital eye disorder by Dr. Neeraj Sud at the Post Graduate Institute of Medical Education & Research (PGI), Chandigarh. The State Commission initially dismissed the complaint, but the NCDRC partly allowed it, holding Dr. Neeraj Sud and PGI jointly liable for compensation and costs due to negligence in treatment.
The complainants sought Rs. 15,00,000 for suffering and Rs. 4,55,000 for treatment costs, but Dr. Neeraj Sud and PGI defended, stating the surgery was performed with due care, and post-surgery complications were common and could have been rectified with repeat surgery. The State Commission found no negligence based on medical records, but the NCDRC reversed this, citing deterioration post-surgery as evidence of negligence.
The NCDRC's decision was based on the premise that Dr. Neeraj Sud did not exercise proper care in treatment, despite having necessary qualifications. However, the Supreme Court held that mere deterioration post-surgery does not establish negligence, emphasizing the need to prove breach of duty, which was lacking in this case. The court referenced the Bolam test, stating a doctor is not negligent if following accepted medical norms, unless proven otherwise by a body of skilled professionals.
The court found no evidence of lack of skill or care on Dr. Neeraj Sud's part, reinstating the State Commission's decision. It emphasized that unfavorable treatment outcomes alone do not indicate negligence, and the complainants failed to establish the essential elements of negligence in the medical profession. Therefore, the NCDRC's order was set aside, and the State Commission's decision was restored, denying the complainants' claim for compensation.
In conclusion, the Supreme Court allowed Civil Appeal No. 272 of 2012 filed by Dr. Neeraj Sud and PGI, while dismissing Civil Appeal No. 5526 of 2012 filed by the complainants, as there was insufficient evidence to prove medical negligence, thereby upholding the standard of care in the medical profession and the burden of proof required in such cases.
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