ORDER

It would not be conducive to the efficiency of the medical profession if no doctor could administer medicine without a halter round his neck. (2010) 3 SCC 480.

It clearly emerges from the exposition of law that a medical practitioner is not to be held liable 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. (2021) 10 SCC 291.

The Hon’ble Supreme Court of India - Bench of Hon’ble Mr. Justice Ajay Rastogi and Hon’ble Mr. Justice Abhay S. Oka

1. Facts:

1.1 The facts narrated by the Complainant – Mr. Mohit Jain (for short, the ‘patient’) are that on 06.04.2015, in the morning, he consulted Dr. Sanjeev Kumar (OP-2) at Max Super Specialty Hospital, Patparganj, Delhi (OP-1) (for short, the ‘Hospital’) for the complaints of fever, fatigue / bony pains, visible blood spots/bruises on both his arms & legs and recently had vomited with blood clot. The OP-2 prescribed few lab investigations viz. CBC, PBS, Urine Analysis, Urine Culture, Dengue Serology and Malaria. Few reports were available in the evening and same were informed to OP-2 on mobile. It was alleged that the OP-2