Medical practitioners are not liable for reasonable errors in judgment; negligence requires proof of failure to meet accepted standards of practice.

1. 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. Fact :
1.1 The facts narrated by the Complainant - Mr. Mohit Jain (for short, the 'patient') are that on 6.4.2015, 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 enquired about Complainant's Insurance cover and upon determining it, he advised the Complainant to get admitted immediately through emergency and he shall visit hospital from 8 p.m. to 8.30 p.m. Accordingly, he got admitted in the hospital (OP - 1) through emergency, where the provisional diagnosis of Viral Hemorrhagic Fever (VHF) was made. The platelet count was 10,000 cmm, which was critically low and other findings were suggestive of hemolytic anemia. The patient was also examined by the Hematologist - Dr. Rahul Nethani (OP - 3) and Dr. Mansi Sachdev (OP - 4). The doctors, on 8.4.2015, arrived at the final diagnosis of Immune Thrombocytopenic Purpura (ITP) and reconfirmed hemolytic anemia. It was alleged that though he was admitted in Medicine Dept. and his primary consultant was OP - 2, but having diagnosed as blood disorder, he should have immediately transferred to Hematology Dept. The OP - 2 kept the patient under medicine with intention to raise the hospital bills. The doctors at OP - 1 had allegedly been playing with his life. He was forced to discharge on 13.4.2015, instead of transferring to Hematology. The patient's stool for occult blood was positive for three occasions, but no steps were taken to check the GI bleeding. On 17.4.2015, the nuclear scan to check GI bleed was done, but patient was not examined by Gastroenterologist. The patient was scheduled to undergo for colonoscopy at 11.00 a.m. on 20.4.2015 though his condition was deteriorating. Finally, he was transferred to Hematology Dept. on 20.4.2015. He suffered tonic seizures and became very critical. He was intubated and kept in ICU. It was alleged that Dr. Amit Batra (Neurologist) was not summoned in time and he came after 60 minutes to examine the patient. The Complainant suffered seizure before NCCT could be started.
1.2 The Complainant further alleged that during 13 critical days (from 8-20 April) doctors did not mention blood test reports in the progress sheet. The Peripheral Blood Smear (PBS) screening was negligently done and Schistocytes in PBS was not detected; there fore the diagnosis of life threatening Micro - Angiopathic Hemolytic Anemia (MAHA) was delayed. It was further alleged that during his 29 days of hospitalization, the OP - 3made only 8 scattered visits and he was absent from the critical stages of diagnosis and treatment, but the billing was done for 39 visits. He further alleged that the hospital did not provide treatment summary despite repeated requests, therefore his wife was not able to take second opinion. He was forced to stay in confinement of OPs at their mercy. He further alleged that the OPs fabricated the treatment record. From 20.4.2015, twelve plasma exchange (PEX) sessions were held and the doctors told that ITP was a lifelong