Medical Negligence and Consumer Law III

Dr. Harish Kumar Khurana v. Joginder, (2021) 10 SCC 291 held, hospital and doctors are required to exercise sufficient care in treating patients in all circumstances. However, in an unfortunate case, death may occur. It is necessary, sufficient material on medical evidence is available to conclude: death is due to medical negligence.

A medical practitioner is not to be held liable simply because things went wrong from mischance or misadventure or through an error in choosing one reasonable course of treatment in preference to another. In practice of medicine, there could be varying approaches of treatment. However, while adopting a course of treatment, duty cast is, medical protocol being followed to best of skill and with competence. A medical practitioner would be liable only where conduct fell below standards of a reasonably competent practitioner.

Hon’ble Justice Ajay Rastogi, Dr. (Mrs.) Chanda Rani Akhouri v. Dr. M.A. Methusethupathi, [Civil Appeal No. 6507 of 2009].