Medical Negligence Cases Law India

Tuesday, 25 February 2020

Medical Negligence Cases Lawyers in Delhi

(Advocate at Supreme Court of India)
Year of Professional Experience.
More than 18 + Years.
  • Member of Bar Council of Delhi, India.
  • Member of New Delhi Bar Association, New Delhi.
  • .       .Member of Delhi Bar Association ,Tis Hazari,Delhi.
  • Member of Saket Bar Association, Saket, New Delhi.
  • Member of Delhi High Court Bar Association,[DHCBA], New Delhi.
Mr. Singh is the founder member and the Managing partner of the firm, V.K.Singh & Co.. (Law Offices). He has the vide expertise over the matters related to Civil & Commercial Disputes, Medical Negligence Cases, Drugs and Cosmetic Act Cases, NDPS Cases and all Criminal Trial and defense.



Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. [See Law of Torts, Ratanlal & Dhirajlal Twenty-fourth Edition 2002, at p.441-442] Negligence means "either subjectively a careless state of mind, or objectively careless conduct. It is not an absolute term but is a relative one; is rather a comparative term. In determining whether negligence exist in a particular case, all the attending and surrounding facts and circumstance have to be taken into account." [See Municipal Corpn. Of Greater Bombay v. Laxman Iyer, (2003) 8 SCC 731, para 6; Adavanced Law Lexicon, P Ramanatha Aiyar, 3rd ed. 2005, p. 3161]
Negligence is strictly nonfeasance and not malfeasance. It is the omission to do what the law requires, or the failure to do anything in a manner prescribed by law. It is the act which can be treated as negligence without any proof as to the surrounding circumstances, because it is in violation of statute or ordinance or is contrary to the dictates of ordinary prudence.


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 case

Important Decision in Medical Negligence Cases  

1.Vasantha P. Nair v Smt. V.P.Nair

2.Jacob Mathew vs. State of Punjab

 3.Indian Medical Association v VP Shantha

4,Laxman Balakrishna Joshi v. Trimbak Bapu Godbole & Anr