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by Admin
07 May 2024 2:49 AM
Justice Subramonium Prasad, presiding over the matter, stated that "the prescription reflects the casual approach of Dr. B.B. Chanana, which is not expected of an ordinary reasonable prudent doctor," yet he emphasized that this did not amount to medical negligence warranting punitive action. The decision underlines the court's reliance on the expertise of the medical disciplinary committee when adjudicating such specialized matters.
The case arose from a complaint lodged by the son of a deceased patient, alleging that Dr. B.B. Chanana's failure to conduct necessary tests on the initial visit led to his father's untimely death. The Delhi Medical Council, however, found that the treatment prescribed was appropriate given the patient's condition during the first visit and did not constitute medical negligence.
The Court's judgment reiterated the principle that medical professionals cannot be held liable for negligence if their actions align with accepted medical practices of the time. "So long as a Doctor follows a practice acceptable under the Medical Practice on that day, he cannot be held liable for negligence," Justice Prasad clarified.
While the Court acknowledged shortcomings in the cardiologist's documentation, it concurred with the Council's recommendation for Dr. Chanana to exercise greater diligence in the future.
Advocates representing the petitioner and the respondents engaged in thorough discussions, but the ruling ultimately favored the established medical opinion, dismissing the writ petition.
This judgment reinforces the judicial stance that expert bodies' decisions in technical fields like medical practice are to be respected unless proven 'perverse or unconscionable.'
The legal fraternity and medical councils across the country are closely observing the repercussions of this judgment for future cases of alleged medical negligence.
Date of Decision: 06 November, 2023
BALJIT SINGH VS DELHI MEDICAL COUNCIL & ANR
[gview file="https://lawyerenews.com/wp-content/uploads/2023/11/Del-06-Nov-2023-Baljit-Singh-Vs-Delhi-Medical-Council.pdf"]
