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Dr KK Aggarwal 21 January 2021
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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