Ocular Evidence Prevails Over Medical Findings: Bombay High Court Upholds Rape Conviction Despite Negative Semen Report & Police Lapses High Court Cannot Pass Inconsistent Orders: Supreme Court Quashes Demolition Order Passed Despite Earlier Restraint In CMDA Regularisation Dispute Supreme Court Upholds Validity Of Open University Degrees Obtained Prior To 2017 Cut-Off Must Be A Polluter Before Being Held Absolutely Liable: Supreme Court Sets Aside NGT Order Against Art Of Living Over Yamuna Event, Orders ₹5 Cr Refund Father Cannot Be Deprived Of Minor's Custody Unless Proved Unfit: Allahabad High Court Hands Over 4-Yr-Old Child To Father, Sets Aside Trial Court Order Right To Speedy Trial Under Article 21 Integral To Personal Liberty': Punjab & Haryana High Court Grants Bail As 24 Witnesses Remain Unexamined No Specific Chemical Opinion That Seized Substance Was Ganja: Gujarat High Court Upholds Acquittal Under Section 2(iii)(b) NDPS Act Mere Pendency Of Criminal Cases Simplicitor No Ground For Externment': Karnataka High Court Quashes Raichur SDM Order Order VI Rule 16 CPC | Defendants Enjoy Greater Latitude In Altering Defence: Punjab & Haryana High Court Explains Doctrinal Leeway Under CPC Boarding Running Train Not Self-Inflicted Injury: Delhi High Court Sets Aside Order Denying Compensation Possession Of One Co-Sharer Is Possession Of All: J&K&L High Court Cannot Invoke Article 226 For Registering FIR Or Restoring Water Supply: Kerala High Court Natural Guardian's Sale Of Minor's Property Without Court Nod Is Voidable, Extinguishes If Not Challenged Within 3 Years Of Majority: Madras High Court Orissa High Court Rejects Cancer-Survivor Husband's Plea To Transfer Maintenance Case Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Defect In Served Copy Of Affidavit Not Fatal: Supreme Court Restores Election Petition Challenging Lok Sabha Poll Result, Clarifies Law On Form-25 Attestation

Stringent Standards Must Be Met To Hold Medical Professionals Liable For Proving Medical Negligence: Supreme Court

07 May 2024 8:19 AM

By: Admin


In a landmark judgment the Indian Supreme Court underscored the rigorous criteria required to establish medical negligence, setting a precedent for future medical malpractice cases. The ruling, delivered by Hon'ble Justice Hrishikesh Roy and Hon'ble Justice Manoj Misra, reinforces the importance of scrutinizing the duty of care, breach of that duty, and resulting damage in medical negligence claims.

The judgment, which emerged from the civil appeals filed by Dr. M.A Biviji and Dr. Nirmal Jaiswal, among others, examined a complex case involving the alleged negligence during a medical procedure. The Court emphasized the burden of proof resting on the complainant to establish a breach of duty directly causing harm. It elucidated that medical practitioners would be held liable for negligence only if their conduct falls below the standards of a reasonably competent practitioner in their field.

The ruling acknowledged the inherent complexities in the practice of medicine, where there may be genuine differences of opinion and multiple courses of action. Justice Hrishikesh Roy, in his observations, noted, "This is a classic case of human fallibility where the doctors tried to do the best for the patient as per their expertise and emerging situations. However, the desired results could not be achieved." This recognition of the imperfections in medicine emphasizes the need for a higher threshold of proof in medical negligence cases.

While the judgment acknowledged the serious medical complications faced by the patient, it concluded that the complainant had failed to establish medical negligence by the doctors. Furthermore, it found no evidence to suggest that the medical procedure in question was outdated or constituted poor medical practice. The Court's decision ultimately absolved the medical practitioners of the charges attributing medical negligence.

The ruling is expected to have a significant impact on future medical malpractice cases in India, as it clarifies the stringent standards that must be met to hold medical professionals liable for negligence. It reinforces the importance of considering the evolving nature of medical science and the challenges faced by healthcare providers in making critical decisions.

In the words of Dr. Atul Gawande, a renowned surgeon and author, cited in the judgment, "We look for medicine to be an orderly field of knowledge and procedure. But it is not. It is an imperfect science, an enterprise of constantly changing knowledge, uncertain information, fallible individuals, and at the same time lives on the line."

This judgment serves as a reminder that the law must balance accountability for medical errors with the understanding of the complexities and uncertainties that healthcare professionals face in their daily practice.

Date of Decision: October 19, 2023

M.A Biviji vs Sunita & Ors.     

Latest Legal News