Published on: October 30, 2023 at 00:05 IST
Court: Supreme Court of India
Citation: Kalyani Rajan V. Indraprastha Apollo Hospital (2023)
Honourable Supreme Court of India has held that Medical Professional may be held liable for Medical Negligence on the following findings
- If the Medical Professional does not possess of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess.
- The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practices.
22. The crucial issue to be decided is whether the respondents have committed negligence in not providing proper postoperative medical care to the patient and, accordingly, whether the Commission has committed any illegality while dismissing the complaint filed by the appellant herein.
29. In so far as the applicability of principles of Res Ipsa Locutor, in the fact and circumstances of the case, it is to bear in mind that the principles get attracted where circumstances strongly suggest partaking in negligent behaviour by the person against whom an accusation of negligence is made. For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence. Strong incriminating circumstantial or documentary evidence is required for application of the doctrine.
Drafted By Abhijit Mishra
