Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005
In the case of Bolam Vs. Friern Hospital Management Committee (1957) 1 WLR 582 (1957) 2 AII ER 118 it has been held that a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible medical men skilled in that particular art. The Apex Court in "Jacob Mathew Vs. State of Punjab AIR 2005 SC 3180" has held that a professional may be held liable for negligence when (a) he was not possessed of requisite skill which he professed to have possessed, and/or (b) he did not exercise with reasonable competence in the given case, the skill, which he did possess. A simple lack of care, an error of judgment or an accident, is not proof of negligence on the part of the medical professional.