Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
14. 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.