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A doctor had the skill but did he fail to exercise reasonable care and skill?

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eMediNexus    29 September 2021

In its judgment in the cases of Jacob Mathew vs State of Punjab and Anr, the Supreme Court of India observed:

  • “A professional may be held liable for negligence on one of the two findings…… or, he did not exercise, with reasonable competence in the given case, the skill which he did possess”
  • In Michael Hyde and Associates vs J.D. Williams & Co. Ltd., [2001] P.N.L.R. 233, CA, Sedley L.J. said that “where a profession embraces a range of views as to what is an acceptable standard of conduct, the competence of the defendant is to be judged by the lowest standard that would be regarded as acceptable.”

Reference

  1. Charlesworth & Percy, ibid, Para 8.03 in 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.

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