[Case Comment] ‘Error Of Judgment’ By Doctor Is Not Criminal Negligence: Supreme Court

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Situation of medical practitioners in India is very vulnerable. It is presumed that if a person is a medical practitioner he is supposed to do have a absolute perfection and knowledge in his area. And if he is taking a case in his hand he automatically takes a responsibility full curing a person. Even a slight error or mistake makes him liable as if he has committed a huge crime. It is a general presumption that a medical practitioner is infallible and is next to God. Laws in India provides for certain protection which is not codified properly and doctors are made liable for any act which is done by then even in good faith and finally it is supreme court who plays the role of rescuer . Recently acting as mention above Supreme Court in Dr. Sou Jayshree Ujwal Ingole v. State Of Maharashtra AIR 2017 SC held that mere error in the judgment on part of the medical practitioner will not attract the criminal proceeding . Supreme Court mentioned the famous Jacob Mathew case and further stated that it is not possible for any doctor to assure or guarantee that the result of treatment would invariably be positive. The only assurance which a professional can give is that he is professionally competent, has requisite skill and has undertaken the task entrusted to him with reasonable care.

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