Verdicts that changed the face of our healthcare system
Laxman Balkrishna Joshi vs Trimbak Bapu Godbole & Anr, 1968
If a doctor adopts a practice that is considered “proper” by other skilled medical professionals, he or she will not be held negligent only because something went wrong.
Indian Medical Association vs V.P. Shantha, 1995
The patient is like a consumer. The doctor renders ‘service’ and can be proceeded against for ‘deficiency in service’ under the Consumer Protection Act, 1986.
Dr Suresh Gupta vs Government of NCT of Delhi & Anr, 2004
If a patient's death results from error of judgment or an accident, there’ll be civil liability. Criminal liability is only for ‘gross negligence’, ‘recklessness’.
Jacob Mathew vs State Of Punjab & Anr, 2005
Doctors should not be held criminally responsible unless there is prima facie evidence of a credible government doctor supporting charges of rash and negligent act.
Nizam Institute Of Medical Sciences vs Prasanth S. Dhananka, 2009
Exemplary damages of Rs 1 cr awarded to victim, a software engineer, who suffered permanent disability due to medical negligence at a government hospital in Andhra Pradesh.