It is well recognized that actionable negligence in context of medical profession
involves three constituents (i) duty to exercise due care; (ii) breach of duty and
(iii) consequential damage. However, a simple lack of care, an error of judgment or
an accident is not sufficient proof of negligence on part of the medical professional
so long as the doctor follows the acceptable practice of the medical profession in
discharge of his duties. He cannot be held liable for negligence merely because
a better alternative treatment or course of treatment was available or that more
skilled doctors were there who could have administered better treatment.
A medical professional may be held liable for negligence only when he is not pos
sessed with the requisite qualification or skill or when he fails to exercise reasonable
skill which he possesses in giving the treatment. None of the above two essential
conditions for establishing negligence stand satisfied in the case at hand as no ev
idence was brought on record to prove that Dr. Neeraj Sud had not exercised
due diligence, care or skill which he possessed in operating the patient and giving
treatment to him. When reasonable care, expected of the medical professional, is
extended or rendered to the patient unless contrary is proved, it would not be a
case for actionable negligence.
tracted with edits and revisions from Neeraj Sud v Jaswinder Singh 2024 INSC
825