Can a medical accident be termed medical negligence? |

                                Profession
                                
Mobile
                                        
                                Speciality
                                
                                Medical Council
                                
                                Registration Number

Medico Legal Corner

Can a medical accident be termed medical negligence?

Dr KK Aggarwal, 21 January 2021
777 Views
#Multispeciality

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.

To comment on this article,

create a free account.

Create Account

Already registered?

Comments

Earn 5 points for every comment you post

Dr Anand Kamat

V nice judgement.

REPLY

22 January - 10:49hrs | View Replies()
Dr Rajinder Kaul

This is absolutely a very GOOD judgment.

REPLY

22 January - 10:29hrs | View Replies()