Doctors are Not Liable for the Patient's Death: Supreme Court


Vemu Siva Ram    09 December 2022

On Tuesday, the apex court reaffirmed that the doctor cannot be held liable for the death of the patient. The court added that doctors can only treat their patients to the best of their ability while upholding the plea filed by Bombay Hospital and Medical Research Centre against the National Consumer Disputes Redressal Commissions decision on the case filed by Mr. Dinesh Jaiswal.


However, the apex court reversed the verdict, citing legal and factual flaws in the original ruling as reasons for its decision. The court emphasized that the deciding authority should have access to adequate material or medical evidence before deciding that death was the result of medical negligence.


A bench of judges, Mr. Hemant Gupta and Mr. Ramasubramanian, stated that when a patient dies or has an accident, it is easy to point fingers at the doctor, but refusing to accept the death of their loved one is an intolerant act on the part of family members.


While criticizing the increasing incidences of manhandling of medical professionals across the country, the panel stated that even the best-trained doctors cannot prevent the inevitable despite providing the best possible therapy.

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