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SC: Not every failed treatment is a case of medical negligence

 Supreme Court ruled that not every failed treatment amounts to medical negligence

Relief granted to a doctor earlier held liable in a case of a woman’s post-childbirth death

Bench (Justices Sanjay Kumar, Satish Chandra Sharma) clarified that:

A patient’s failure to respond to treatment or an unsuccessful surgery cannot be negligence per se

Doctrine of res ipsa loquitur (thing speaks for itself) cannot automatically be applied in such cases

Cited Martin F D'Souza vs Mohd Ishfaq:

No rational doctor would deliberately harm a patient, as one lapse can ruin reputation

Even best efforts can fail, and negligence requires strong evidence

Court acknowledged that while some doctors act for profit, the entire fraternity cannot be branded corrupt or incompetent

NCDRC’s order quashed: SC noted complaint was mainly about inadequate hospital infrastructure, not negligence in antenatal care or treatment given by the gynaecologist.


Sep 15, 2025, -SC:Not every failed treatment is negligence. Relief granted to doctor in childbirth death case;Court said a patient not responding or surgery failing doesn’t per se mean negligence. Strong proof needed, not assumptions.Inadequate hospital setup ≠ doctor’s fault

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