The medical professional is expected to bring a reasonable degree of skill and knowledge and must exercise a reasonable degree of care.

The medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients. The interest and welfare of the patients have to be paramount for the medical professionals.

The Hon’ble Apex Court in the matter titled as “Kusum Sharma & Others versus Batra Hospital & Medical Research Centre, 2010 (3) SCC 480 has held that:

“94. On scrutiny of the leading cases of medical negligence both in our country and other countries specially United Kingdom, some basic principles emerge in dealing with the cases of medical negligence. While deciding whether the medical professional is guilty of medical negligence following well known principles must be kept in view:-

1. Negligence is the breach of a duty exercised by 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.
2. Negligence is an essential ingredient of the offence. The negligence to be established by the prosecution must be culpable or gross and not the negligence merely based upon an error of judgment….”

Gross negligence is intentional failure to perform a manifest duty in reckless disregard of the consequences. Ordinary negligence is based on the fact that one ought to have known results of his acts, while gross negligence rests on the assumption that one knew results of his acts, but was recklessly or wantonly indifferent to the results.

If there is gross medical mistake, then the doctor will be liable for the negligence committed by him. In such case, doctor would be liable to pay huge compensation to the patient or his/her relatives.

To protect oneself from such huge compensation to be paid, if any, it is important and vital to obtain professional indemnity insurance.