Doctors can't be termed negligent just because things went wrong: Himachal Pradesh High Court

Vijay Arora

Shimla, December 4

A medical practitioner is not liable to be held negligent simply because things went wrong from mischance or misadventure or through an error of judgment in choosing one reasonable course of treatment in preference to another.

This was held by the Himachal Pradesh High Court while dealing with an appeal challenging the orders of the lower court holding a doctor negligent for the death of a woman.

Their duty is to ENSURE protocol is followed

While adopting a course of treatment, the duty cast upon the medical practitioner is to ensure that the he followed the medical protocol to the best of his skill and competence at his command. —Justice Tarlok Singh Chauhan

While setting aside the orders of the lower court, Justice Tarlok Singh Chauhan observed that “medical practitioner would be liable only where his conduct fell below the standard of reasonably competent practitioner in his field.

In practice of medicine, there could be varying approaches. There could be a general difference of opinion. Nonetheless, while adopting a course of treatment, the duty casts upon the medical practitioner is to ensure that the medical practitioner followed the medical protocol to the best of his skill and competence at his command.”

The court passed this judgment on an appeal filed by the Secretary (Health) challenging the order of the lower court whereby it had awarded Rupees 2.60 lakh with interest in favour of the daughter of the deceased by holding the doctor and medical staff as negligent.

As per the facts of the case, it was alleged that on March 3, 2015, the mother of the plaintiff died due to negligence on the part of the doctors and staff nurses of Zonal Hospital, Hamirpur.

While allowing the appeal of the state government, the court further observed that “the court cannot be oblivious to the fact that it is dealing with a case of a government hospital and judicial notice can be taken of the fact that there would be lot of patients, who require to be attended to. The deceased has been attended to by the doctor till about 3.30 PM, who thereafter had to leave all of a sudden to look after his ailing father, who had suffered paralytic attack and there was no one to look after. In the absence of the doctor, the patient was thereafter treated by duty doctors from time to time. The death of the patient is unfortunate but the same in the given circumstances cannot be attributed to the negligence of the doctors.”