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'Wrong Diagnosis' Does Not Amount To Medical Negligence

In CIVIL APPEAL NO.2024 of 2019, VINOD JAIN vs SANTOKBA DURLABHJI MEMORIAL HOSPITAL & ANR., before the Supreme Court in appeal the complaint, had alleged that the following acts and omissions on part of the hospital constituted medical negligence: (a) inappropriate and ineffective medication; (b) failure to restart the cannula for IV medication; (c) premature discharge of the deceased despite her condition warranting treatment in the ICU; (d) oral administration of Polypod antibiotic, despite her critical condition, which actually required intravenous administration of the medicine. Though the state commission allowed his complaint and ordered a compensation of Rs.15 lakh, the national commission had set it aside.

The Apex Court bench, while considering his appeal, discussed the legal principles which would apply in cases of medical negligence (Bolam Test, Kusum Sharma & Ors. v. Batra Hospital & Medical Research Centre and Jacob Mathew v. State of Punjab).

The Supreme Court decided that the NCDRC had been correct in holding that the professional and medical assessment by respondent No.2- Doctor, was arrived at on the basis of a medical condition of the patient, and could not constitute medical negligence and upholding the NCDRC order which had held that the case would at best be a case of wrong diagnosis, if that; it certainly cannot be called medical negligence.

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