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The patient was not getting cured. Can this be termed as medical negligence?

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Dr KK Aggarwal and Ira Gupta    13 February 2018

The Supreme Court of India has observed in Jacob Mathew v. State of Punjab SC / 0457 / 2005: (2005) 6 SCC 1 as follows: “Simply because a patient has not favourably responded to a treatment given by a physician or a surgery has failed, the doctor cannot be held liable per se by applying the doctrine of res ipsa loquitur.”

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