Medical negligence requires proving the medical professional ...

Mere failed treatment doesn't prove medical negligence; evidence of doctor's lack of skill/care required.

Case Laws Indian Laws

October 28, 2024

Medical negligence requires proving the medical professional lacked requisite qualification, skill or failed to exercise reasonable care. Mere unfavorable outcome or failed treatment does not establish negligence unless evidence shows the doctor failed to exercise due skill possessed. The complainant did not adduce evidence to prove the doctor lacked expertise or failed to exercise reasonable competence. No expert testimony established the doctor's failure to exercise requisite skill. Applying res ipsa loquitur doctrine without such evidence is improper. The consumer forum erred in finding negligence and awarding compensation without sufficient proof of the doctor's failure to exercise due care and skill.

View Source

← Previous Next →

Medical negligence requires proving the medical professional ...

Mere failed treatment doesn't prove medical negligence; evidence of doctor's lack of skill/care required.

Case Laws Indian Laws

October 28, 2024

You may also like:

Addition of sales promotion expenses - Payment to Doctors / medical practitioners - Assessee has not submitted any technical record or any agreement entered with those...

Taxability of supply - services of disposal and treatment of Bio-Medical Waste obtained from clinical establishments - The AAR ruled that the services of disposal and...

Revocation of a customs broker's license and imposition of penalty under the Customs Brokers Licensing Regulations, 2018. The key points are: The finding that the...

Appellant proved ownership of gold bars through valid invoices, discharging initial onus. Revenue failed to establish invoices unrelated to seized gold, lacking inquiry...

Petition u/s 227 of Criminal Procedure Code for discharge dismissed. Allegations in complaint constitute offence of money laundering u/s 3 of PMLA. Prosecution of...

Taxability of Hospital income in the hands of Doctor - ‘salary’ or ‘professional income’ - The fact that the remuneration paid is variable, and the doctors are not...

Grant of temporary bail on medical grounds - twin provisions of Section 212 (6) (ii) of the Companies Act, 2013 satisfied or not - Despite the prosecution's objection to...

Assessment u/s 153C - Unexplained cash receipt u/s 69A - The onus was on revenue to prove with corroborative evidence that the entries in the seized dairy actually...

Classification of service - the massages are provided under the medical supervision of the trained doctors and proper record regarding the treatment is maintained by the...

The petition alleges oppression and mismanagement by the company's majority shareholders against the petitioners, who were removed as directors through an Extraordinary...

Confiscating absolutely seven gold bars having foreign make marking - Smuggling - Hyundai Verna Car - sufficient evidence to prove foreign origin goods - The Tribunal...

TDS u/s 194H - commission payment - rendering medical services - to fall within the explanation to Section 194H, the commission payment must have been received by a...

TDS u/s 192 or 194J - There was no specific timing and attendance record maintained by hospital with respect to such doctors and this category of doctors was not be...

Payment of Referral fees to the Doctors by the Appellant - the regulations issued by MCI are qua the doctors/medical practitioners registered with MCI, and the same...

Allowable busniss expenses - expenditure incurred towards appointment of faculty doctor or assessee’s consultant doctor in a medical conference, out of conference...

Quick Updates: