Can a medical accident be termed medical negligence? |
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Can a medical accident be termed medical negligence?
Dr KK Aggarwal,  21 January 2021
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The Supreme Court of India has observed in its judgement in Jacob Mathew v. State of Punjab SC/0457/2005: (2005) 6 SCC 1 as follows: “Mere accident is not evidence of negligence.”

In the same judgement, the Court clarified that difference of opinion or error of judgement cannot be termed negligence. Furthermore, adverse reactions cannot be classified under medical negligence.

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