AI Overview...
Acceptable Medical Practice
Main Points and Insights
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Adherence to Accepted Practice: Medical professionals are generally not liable for negligence if they follow practices accepted by the medical community at the time of treatment. Numerous sources emphasize that as long as a doctor adheres to the standard practices prevalent during that period, liability for negligence is not established, even if better or alternative methods exist (GURUVAMMAL VS G. NAVANEETHAN (DR. ) - Consumer, Rakesh VS Deep Hospital, Through Dr. Ajay Aggarwal - Consumer, M. Reghava Rao VS Oruganti Buchireddy - Andhra Pradesh, Neeta Tripathi @ Dr. Nita Tripathi VS State of Bihar - Patna, Ashok Kumar Rai VS Seema Singh - Consumer, Neeraj Sud VS Jaswinder Singh (Minor) - Supreme Court, J. N. Shori Multi Speciality Hospital VS Krishan Lal - Consumer).
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Judgment and Choice of Treatment: Courts recognize that medical judgment involves choosing among various acceptable options. A doctor’s selection of one course of action over another, within accepted standards, does not constitute negligence. Errors of judgment or errors arising from accepted practices are generally not sufficient to establish liability (KARAN KAUSHIK vs DR. S.C. PANDHI & ORS. - Consumer National, Rakesh VS Deep Hospital, Through Dr. Ajay Aggarwal - Consumer, Ashok Kumar Rai VS Seema Singh - Consumer).
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Criteria for Negligence: To prove negligence, it must be shown that the doctor deviated from the standard acceptable practice in a manner that constitutes gross negligence or failed to exercise requisite skill, which is not simply an error of judgment or an accident (GURUVAMMAL VS G. NAVANEETHAN (DR. ) - Consumer, M. Reghava Rao VS Oruganti Buchireddy - Andhra Pradesh, J. N. Shori Multi Speciality Hospital VS Krishan Lal - Consumer).
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Emergency Situations and Deviations: In emergencies, performing procedures like Caesarean sections or other interventions based on standard reasonable practices is considered acceptable, and deviations from normal procedures are not automatically negligent if they align with accepted medical science at that time (J. N. Shori Multi Speciality Hospital VS Krishan Lal - Consumer).
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Legal and Ethical Considerations: Criminal and civil liability require more than mere errors; mens rea (intent or knowledge of wrongdoing) must be present. Following accepted practices provides a legal safeguard against claims of negligence (Neeta Tripathi @ Dr. Nita Tripathi VS State of Bihar - Patna).
Analysis and Conclusion
The overarching principle in medical negligence law is that a doctor cannot be held liable if they follow practices accepted by the medical profession at the relevant time. Courts distinguish between errors of judgment, which are permissible, and gross deviations from accepted standards, which may constitute negligence. Thus, adherence to accepted medical standards serves as a key defense, emphasizing that medical practice involves professional judgment within the bounds of contemporary medical knowledge. Proper documentation and adherence to standard protocols are essential to defend against claims of negligence.
References:
- GURUVAMMAL VS G. NAVANEETHAN (DR. ) - Consumer
- KARAN KAUSHIK vs DR. S.C. PANDHI & ORS. - Consumer National
- Rakesh VS Deep Hospital, Through Dr. Ajay Aggarwal - Consumer
- M. Reghava Rao VS Oruganti Buchireddy - Andhra Pradesh
- Neeta Tripathi @ Dr. Nita Tripathi VS State of Bihar - Patna
- J.N. SHORI MULTI SPECIALITY HOSPITAL & ANR. vs KRISHAN LAL & ANR. - Consumer National
- Anupam Bhattacharyya VS Calcutta Medical Research Institute - Consumer
- Ashok Kumar Rai VS Seema Singh - Consumer
- Neeraj Sud VS Jaswinder Singh (Minor) - Supreme Court
- J. N. Shori Multi Speciality Hospital VS Krishan Lal - Consumer
Search Results for "Acceptable Medical Practice"
• India - Consumer
K.SAMPATH, PON.GUNASEKARAN
medical practice. ... emphasized that a surgery does not guarantee a 100% beneficial result and that a doctor cannot be held liable for following an acceptable ... Medical Negligence - Surgical Complications - Dr. Rameshwar Pd. Agrawal v. Md. ... So long as a doctor follows a practice acceptable to the medical profession on that day, he cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or simply b....
2016 Supreme(Online)(NCDRC) 25 • India - National Consumer Disputes Redressal Commission
PREM NARAIN, P
(Paras 23-26) ... ... (B) The court ruled that the treatment provided was within acceptable medical ... practice, and that clinical findings on follow-up visits did not support claims of negligence. ... (A) Consumer Protection Act, 1986 - Medical Negligence - The court laid down key principles distinguishing medical negligence from ... Merely because doctor chooses one course of action in preference to the other one available, he would not be liable if the course of action chosen by him was ....
• India - Consumer
AJIT BHARIHOKE, SURESH CHANDRA
(A) Torts—Medical Negligence—Yardsticks—Standard to be applied for judging, whether person charged has been negligent or not, would ... Commission in appeal—Doctor who conducted second surgery is not sure if Doctor was guilty of medical negligence in treatment of ... services—Medical negligence—Post-operational complications after undergoing surgery for Appendicitis—Complaint dismissed by State ... So long as a doctor follows a practice acceptable to the medical profession of that day,....
2006 0 Supreme(AP) 477 • India - Andhra Pradesh
P.SWAROOP REDDY
acceptable to medical profession of that day, whether or not doctor did not possess requisite skills or did not exercise his skills ... .304-A IPC against doctor, simple lack of care, an error of judgment or an accident is not enough - So long as doctor follows a practice ... gross or of very high degree - It must be shown that accused did some thing or failed to do same which can in such circumstances no medical ... So long as a doctor follows a practice acceptable to the #HL_START....
2023 0 Supreme(Pat) 296 • India - Patna
PRABHAT KUMAR SINGH
acceptable to medical profession of that day, he cannot be hold liable for negligence – continuance of criminal proceeding would ... can be tried by a Criminal Court – for 'Negligence' to amount to offence, element of mens rea must exist – so long doctor follows practice ... surgery, rather he consulted other doctors who conducted another surgery thereafter victim died – petitioner has provided requisite medical ... So long doctor follows practice acceptable to medical#HL_END....
2021 Supreme(Online)(NCDRC) 352 • India - National Consumer Disputes Redressal Commission
DR. S.M. KANTIKAR, PRESIDING MEMBER
medical practices, negating any claims of negligence. ... (A) Consumer Protection Act, 1986 - Medical Negligence - Allegations of negligence leading to death, examination of medical records ... (Paras 12-16) ... ... (B) Medical Judgment - The court reinforced that errors of judgment in ... Merely because the doctor chooses one course of action in preference to the other one available, he would not be liable if the course of action chosen by him was acceptable to the medical....
• India - Consumer
D.K.JAIN, VINAY KUMAR
cannot be called a practice acceptable to medical profession of that day—It has to be treated as a case of medical negligence—Allegation ... Consumer Protection Act, 1986—Sections 17, 19 and 21—Medical services—Medical negligence—Fracture of leg—Main allegation against ... so, as OP was admittedly aware that breaking of IM nails was not an uncommon phenomenon—Practice adopted by treating doctor at CMRI ... (Emphasis supplied) ... In the facts and circumstances of the ....
• India - Consumer
D.K.JAIN, VINAY KUMAR, M.SHREESHA
could be based—So long as Doctor follows practice acceptable to medical profession of that day, he cannot be held liable for negligence ... merely because a better method of treatment or more skilled doctor had chosen a practice which accused had not followed. ... (A) Consumer Protection Act, 1986—Sections 17, 19 and 21—Medical services—Medical negligence—Maternity—Death of unborn child—State ... The Apex Court while defining negligence has repeatedly laid down that so long as a Doctor....
2024 8 Supreme 156 • India - Supreme Court
PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL
so long as doctor follows acceptable practice of medical profession in discharge of his duties – He cannot be held liable for negligence ... requisite qualification to perform PTOSIS surgery and to administer requisite treatment and that he had followed accepted mode of practice ... (A) Consumer Protection Act, 1986 – Section 23 [Consumer Protection Act, 2019 – Section 67] – Medical services ... However, a simple lack of care, an error of judgment or an accident is not sufficient proof of negligence on ....
• India - Consumer
S.M.KANTIKAR
Hospital in advanced labour with deteriorated condition at 4:30pm - Emergency was managed by OP-2 doctor per standard reasonable practice ... correct to perform emergency Caesarian operation to save life of patient and the foetus – Mere deviation from normal professional practice ... It further observed that so long as it can be found that the procedure which was in fact adopted was one which was acceptable to medical science as on that date, the medical practitioner cannot be held negligent merely beca....
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