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Can deviation from medical practice be termed medical negligence?

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Dr KK Aggarwal and Ira Gupta    23 February 2018

In Jacob Mathew v. State of Punjab SC / 0457 / 2005: (2005) 6 SCC 1, the Supreme Court of India has observed: “Deviation from normal practice is not necessarily evidence of negligence. To establish liability on that basis, it must be shown:

  1. that there is a usual and normal practice
  2. that the defendant has not adopted it and
  3. that the course adopted is no professional man of ordinary knowledge skill would have taken had he been acting with ordinary care.”

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