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24. The learned counsel of the Opposite Parties is relying on the Hon'ble Apex Court Judgement in the case of Neeraj Sud & Anr. Vs. Jaswinder Singh (Minor) & Anr. Civil Appeal No. 272 of 2012 held that:

"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 judgement 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.