The “Supreme Judgment” with manifold reliefs to Doctors and Hospital : Perhaps the year end gift for Doctors.
Adv. ROHiT ERANDE.©️
a. Non availability of Operation Theatre is not a valid ground to hold Hospital Negligent :
b. Non functioning of Machines and Equipments cannot be said to be Negligence.
c. It is an incorrect assumption to say that, “since surgery was performed by a doctor, he alone would be responsible for different aspects of the treatment required and given to the patient”.
d. It is too much to expect from a doctor to remain on the bed side of the patient throughout his stay in the hospital.
e. Every death of a patient cannot on the face of it be considered to be medical negligence.
f. In spite of the treatment, if the patient had not survived, the doctors cannot be blamed as even the doctors with the best of their abilities cannot prevent the inevitable
g. The doctor cannot be held liable for medical negligence by applying the doctrine of res ipsa loquitur for the reason that a patient has not favourably responded to a treatment given by a doctor or a surgery has failed.
Supreme court judgement after 23 years in a case(happened in 1998) of alleged negligence.
Long wait but anyways this judgement is relief for doctors.