Tuesday, 12 March 2013
. INDIVIDUAL LIABILITY OF THE DOCTORS IN MEDICAL NEGLIGENCE CASES IN INDIA.
INDIVIDUAL LIABILITY OF THE DOCTORS
There cannot be, however, by any doubt or dispute that for establishing medical negligence or deficiency in service, the courts would determine the following:
(i) No guarantee is given by any doctor or surgeon that the patient would be cured.
(ii) The doctor, however, must undertake a fair, reasonable and competent degree of skill, which may not be the highest skill. (iii) Adoption of one of the modes of treatment, if there are many, and treating the patient with due care and caution would not constitute any negligence.
(iv) Failure to act in accordance with the standard, reasonable, competent medical means at the time would not constitute a negligence. However, a medical practitioner must exercise the reasonable degree of care and skill and knowledge which he possesses. Failure to use due skill in diagnosis with the result that wrong treatment is given would be negligence. (v) In a complicated case, the court would be slow in contributing negligence on the part of the doctor, if he is performing his duties to be best of his ability.
Bearing in mind the aforementioned principles, the individual liability of the doctors and hospital must be judged. We enumerate heretobelow the duty of care which ought to have been taken and the deficiency whereof is being complained of in the criminal caseand the civil case, respectively,