'Every Failed Treatment Not Equal To Negligence': Supreme Court Shields Doctors

The Supreme Court has ruled that a doctor cannot be branded negligent merely because a patient does not respond positively to treatment or surgery. The court extended relief to a doctor who had been earlier held responsible for the death of a woman post childbirth. A bench comprising Justices Sanjay Kumar and Satish Chandra Sharma underscored that the unfavourable outcome of a medical procedure cannot, by itself, be grounds to indict a physician under the doctrine of res ipsa loquitur (“the thing speaks for itself”).

“This edict was reiterated in Martin F. D'Souza vs. Mohd. Ishfaq wherein, it was pointed out that no sensible professional would intentionally commit an act or omission which would result in harm or injury to a patient as the reputation of that professional would be at stake and a single failure may cost him or her dear in that lapse. It was also pointed out that sometimes, despite best efforts, the treatment by a doctor may fail but that does not mean that the doctor or surgeon must be held guilty of medical negligence, unless there is some strong evidence to suggest that he or she is,” the bench stated.

The court further observed that while the medical profession has, at times, succumbed to commercialisation and a few practitioners may deviate from their sacred Hippocratic Oath for selfish gains, it would be unjust to paint the entire community with the same brush.“The entire medical fraternity cannot be blamed or branded as lacking in integrity or competence just because of some bad apples,” it noted.

Striking down the National Consumer Disputes Redressal Commission (NCDRC)'s order which had held the doctor and hospital guilty, the bench clarified that the complaint primarily revolved around the nursing home being“inadequately and ill-equipped” to handle obstetric emergencies. Importantly, no allegation had been made regarding any deficiency in the antenatal care or professional conduct of the gynaecologist involved.

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