Medico Legal Corner
Can a medical accident be termed medical negligence?
Dr KK Aggarwal & Advocate Ira Gupta, 08 November 2018
The Supreme Court of India has observed in its judgement in Jacob Mathew v. State of Punjab SC/0457/2005: (2005) 6 SCC 1 as follows: “Mere accident is not evidence of negligence.”In the same judgement, the Apex Court has clarified that difference of opinion or error of judgement cannot be termed negligence; likewise, adverse reactions cannot be classified under medical negligence.
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