Hon’ble SC in a case of medical negligence decide on 10th February 2010, observed that on scrutiny of the leading cases of medical negligence both in our country and other countries especially United Kingdom, some basic principles emerge in dealing with the cases of medical negligence. [Para 94] While deciding whether the medical professional is guilty of medical negligence following well known principles must be kept in view: Negligence is the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. Negligence is an essential ingredient of the offence.
The negligence to be established by the prosecution must be culpable or gross and not the negligence merely based upon an error of judgment. The medical…
