Supreme Court Clarifies Stance on Medical Negligence

The Supreme Court ruled that a doctor is liable for medical negligence only if lacking requisite skills or failing to use reasonable expertise. The verdict overturned a previous ruling against Dr. Neeraj Sud, accused of negligence post-surgery. The complainants couldn't prove actionable negligence, thus no compensation was granted.


Devdiscourse News Desk | New Delhi | Updated: 25-10-2024 18:47 IST | Created: 25-10-2024 18:47 IST
Supreme Court Clarifies Stance on Medical Negligence
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The Supreme Court on Friday clarified conditions under which medical negligence can be established, stating that liability arises only when a doctor lacks essential qualifications or fails to demonstrate expected expertise in treatment.

The ruling came from a bench comprising Justices P S Narasimha and Pankaj Mithal, who emphasized the need for evidence of negligence for a claim to be actionable. In this case, they overturned an earlier judgment by the National Consumer Disputes Redressal Commission which found a doctor negligent.

The court observed that complications following surgery do not inherently imply negligence, citing the lack of evidence against Dr. Neeraj Sud and PGIMER as grounds for their decision. Consequently, the complainants were denied compensation after failing to establish negligence.

(With inputs from agencies.)

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