Failed surgery alone does not imply medical negligence: SC

Failed surgery alone does not imply medical negligence: SC

The court was rather clear to remind that complicances that go as far as those unforeseen do not in any way suggest that the doctor has behaved negligently in discharging his/her professional obligations. The Supreme Court has noted that doctors can in no way be called to account for negligence merely on the ground that the operation or treatment attended with the anticipated results, and that they can be made to answer for their misdeeds only when there are circumstances which speak of negligence and or deviation from the standard methods. In a judgment that affirmed categories of claim suits against healthcare specialists, the court held that complications, let alone unpredictable ones, are not sufficient to allege that a doctor has not exercised the proper degree of care and competence. The court said, “A doctor cannot be held liable for negligence straightway by applying the principle of ‘Res Ipsa Loquitur’, merely for the reason that the patient has not responded favourably to the surgery or the treatment administered by a doctor or the surgery has failed, unless the evidence was led that the doctor failed to exercise the degree of skill possessed by him while, thus discharging of his duties”

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