Rapid Fire
SC: Doctors Not Negligent for Poor Outcomes Alone
- 04 Nov 2024
- 1 min read
Recently, the Supreme Court has emphasized that medical professionals should not be held liable for medical negligence simply due to unsuccessful treatment outcomes.
- Medical negligence, often referred to as medical malpractice, occurs when a healthcare provider does not meet the established standard of care for a patient, leading to harm, injury, or even death.
- According to the SC, a doctor cannot be immediately held liable for medical negligence simply because a patient did not respond positively to surgery or treatment.
- Liability can only be established if there is evidence showing that the doctor failed to exercise the necessary skill in performing their duties.
- The doctrine of "Res Ipsa Loquitur" (meaning "the thing speaks for itself") does not apply in these cases.
- Res ipsa loquitur Principle: Implies that negligence is evident and requires no additional evidence.
- However, the bench clarified that a negative outcome does not automatically indicate negligence.
Read More: Medical Negligence Under BNS
