A physician may be held liable for negligence only if he did not possess the requisite skill which he declared to have possessed or that he failed to exercise, with reasonable competence, the skill which he possessed.¹

However, a doctor cannot give a warranty of the perfection of his/her skill or a guarantee of cure. If a doctor has adopted a practice which is considered proper by a reasonable body of medical professionals skilled in that field, the doctor will not be held negligent just because something went wrong.² 

It is known that with the best skill in the world, things sometimes went wrong in medical treatment or surgical operation. A doctor was not to be held negligent just because something went wrong.³ 

In a landmark judgement in Laxman Balkrishna Joshi vs Trimbak Bapu Godbole And Anr on  2 May, 1968 AIR 1969 (SC)128, the Supreme Court of India held that “… The medical practitioner has a discretion in choosing the treatment which he proposes to give to the patient and such discretion is wider in cases of emergency, but, he must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care according to the circumstances of each case.” A doctor is not guilty of negligence if he has acted in accordance with the practice, which is accepted as proper by a reasonable body of medical professionals.

The onus to prove negligence lies on the complainant.  In Dr. Devendra Madan And Ors. Vs Shakuntala Devi on 25 October, 2002,  I (2003) CPJ 57 NC, the National Consumer Disputes Redressal observed that “…the complainant has to prove, (1) that there was a breach of duty on the part of the doctor; and (2)  that the breach of duty was the real cause of the damage complained of and such damage was reasonably foreseeable.” 

A mere allegation of negligence will be of no help to the Complainant as was alleged in Smt. Savitri Singh v. Dr. Ranbir PD. Singh and others. 2004;(1) CPJ 25 (Bihar).³ 

References

1. Yadav M, Singh H, Sharma G, et al. Recent scenario of criminal negligence in India Doctor, community & apex court. JIAFM. 2005;27(4):252-7.
2. Murthy KK. Medical negligence and the law. Indian J Med Ethics. 2007;4(3):116-8.
3. Joga Rao SV. Medical negligence liability under the consumer protection act: A review of judicial perspective. Indian J Urol. 2009;25(3):361-71.