Paridhi Arya
Published on April 21, 2022 at 16:22 IST
Supreme Court Bench of Justice Ajay Rastogi and Justice Abhay S Oka has passed an Order stating that no doctor can be held Liable for Medical Negligence only on the Ground that he couldn’t Save the Patient.
The Appeal is filed against the Order of National Consumer Dispute Redressal Commission (NCDRC).
A woman in National Consumer Dispute Redressal Commission alleged that her husband died due the Negligence of doctors and hospital and asked the damages of Rs 95,16.174.
But National Consumer Dispute Redressal Commission found out that the husband of the complainant was suffering from a disease from a long time and doctors and hospital did best to save him so it cannot be said Medical Negligence.
Supreme Court in Appeal upheld the Order of National Consumer Dispute Redressal Commission stating that doctors didn’t commit Negligence as they took care of patient after operation.
The Bench observed that doctors should take the reasonable care but no doctor can give assurance that patient will be same as before.
Citing the Case of Jacob Mathew Vs. State of Punjab Court observed that it can only assured that doctor is competent and have skills but it cannot be assured by the doctor that full recovery will be there in every Case.
The doctor can be held Liable if reasonable care is not taken by him which is expected from him being a professional.
