Negligence may be defined as breach of duty due to omitting to do something which a reasonable man, guided by the considerations which usually drive the conduct of human affairs, would do, or doing something which a reasonable man would not do. 

It refers to the lack of reasonable degree of care and skill or willful negligence on the part of a medical practitioner while treating a patient which leads to bodily injury, ill-health or death (damage). A doctor, in such a situation, can be sued in civil/criminal courts, respective councils or a consumer forum.   A patient cannot sue the medical professional if no damage has occurred; however; the doctor might have been negligent.

Three vital components of negligence include: duty, breach and resulting damage.

• "The existence of a duty to take care, which is owed by the defendant to the complainant;
• The failure to attain that standard of care, prescribed by the law, thereby committing a breach of such duty; and
• Damage, which is both causally connected with such breach and recognized by the law, has been suffered by the complainant (Para 1.23). If the claimant satisfies the court on the evidence that these three ingredients are made out, the defendant should be held liable in negligence (Para 1.24).”

The standard of care is judged considering the knowledge or equipment available at the time of the incident and not at the date of the trial. 

Reference

1. 334/2005/SCI/ 144-145 of 2004: Jacob Mathew vs State of Punjab and Anr: 5th day of August 2005: R C Lahoti, CJI: Hon’ble Mr. Justice G P Mathur, Hon’ble Mr. Justice P K Balasubramanyan.