NEW DELHI: Reiterating that a doctor cannot be charged with medical negligence simply because a patient does not respond favourably to treatment, the Supreme Court has granted relief to a doctor who was held responsible for death of a woman post childbirth.A bench of Justices Sanjay Kumar and Satish Chandra Sharma said a patient’s not responding favourably to the treatment provided by a physician or the failure of surgery cannot be a ground to hold the doctor liable per se by applying the doctrine of res ipsa loquitur (“the thing speaks for itself”). “This edict was reiterated in Martin F. D’Souza vs. Mohd. Ishfaq wherein, it was pointed out that no sensible professional would intentionally commit an act or omission which would result in harm or injury to a patient as the reputation of that professional would be at stake and a single failure may cost him or her dear in that lapse. It was also pointed out that sometimes, despite best efforts, the treatment by a doctor may fail but that does not mean that the doctor or surgeon must be held guilty of medical negligence, unless there is some strong evidence to suggest that he or she is,” the bench said. “‘While acknowledging that the medical profession had been commercialised to some extent and there were doctors who depart from their Hippocratic Oath for their selfish ends of making money, this Court held that the entire medical fraternity cannot be blamed or branded as lacking in integrity or competence just because of some bad apples,” it said. The court quashed the order passed by the National Consumer Disputes Redressal Commission (NCDRC) holding the doctor and the hospital guilty of negligence. The court noted that the complaint had categorically asserted that the nursing home was ‘inadequately and ill equipped’ to handle emergencies during deliveries and had no facilities available for the purpose, and there were no allegations whatsoever to the effect that the antenatal care and management of obstetrician/gynaecologist were deficient in any manner.
