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| Doctors get SC’s benefit of doubt |
| Negligence: Doctors get SC’s benefit of doubt
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| INDIA
, 11-February-2010
2:54:30 AM |
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Providing relief to doctors from unhappy patients and their families who harass them with accusations of medical negligence, the Supreme Court today ruled that a “simple lack of care or an error of judgement or an accident” does not amount to negligence in the medical profession.
“It would not be conducive to the efficiency of the medical profession if a doctor is to administer medicine with a halter around his neck,” said a division bench of Justices Dalveer Bhandari and H S Bedi.
Noting that doctors inevitably become the first human casualty for patients or their families dejected by an unsuccessful course of treatment, the bench said that “a surgeon with shaky hands under fear of legal action cannot perform a successful operation and a quivering physician cannot administer the end-dose of medicine to his patient”.
With this judgment, the Supreme Court defined, for the first time, the term “medical negligence”, making it even more difficult to initiate criminal action against doctors for treatment gone awry, even in cases involving death of patients
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