M S. Spring Meadows Hospital Anr vs Harjol Ahluwalia Through K.S. on 25 March 1998 The true position is that an error of judgment may or may not be negligent it depends on the nature of the error. If it is one that would not have been made by a reasonably competent professional man profession to have the standard and type of skill that the defendant holds himself out as having and acting with ordinary care then it is negligence. If on the other hand it is an error that such a man acting with ordinary care might have made then it is not negligence.