Jacob Mathew vs State Of Punjab & Anr on 5 August, 2005
In the case of medical negligence, this Court in Jacob Mathew
v. State of Punjab and Another1 dealt with the law of medical
negligence in respect of professionals professing some special skills.
Thus, any individual approaching such a skilled person would have
a reasonable expectation under the duty of care and caution but
there could be no assurance of the result. No doctor would assure
a full recovery in every case. At the relevant time, only assurance
given by implication is that he possessed the requisite skills in the
branch of the profession and while undertaking the performance of
his task, he would exercise his skills to the best of his ability and
with reasonable competence.