Register
Can deviation from medical practice be termed medical negligence? |
Medico Legal Corner
eMediNexus Coverage from: 
Can deviation from medical practice be termed medical negligence?
Dr KK Aggarwal & Advocate Ira Gupta,  23 October 2019
remove_red_eye 570 Views
#Multispeciality

1 Read Comments                

In Jacob Mathew v. State of Punjab SC / 0457 / 2005: (2005) 6 SCC 1, the Supreme Court of India has observed: “Deviation from normal practice is not necessarily evidence of negligence. To establish liability on that basis, it must be shown:

  1. that there is a usual and normal practice
  2. that the defendant has not adopted it and
  3. that the course adopted is no professional man of ordinary knowledge skill would have taken had he been acting with ordinary care.”
To comment on this article,
create a free account.
Sign Up to instantly read 30000+ free Articles & 1000+ Case Studies
Create Account

Already registered?

Login Now