Similarly two decisions rendered by Hon'ble Supreme Court namely, Dr. Laxman Balakrishna Joshi vs. Dr. Trimbak Bapu Godbole & Anr. AIR 1969 SC 128 and A.S. Mittal vs. State of U.P. AIR 1989 SC 1570, it was laid down that when a Doctor is consulted by a patient, the former, namely, the Doctor owes to his patient certain duties which are (a) a duty of care in deciding whether to undertake the case; (b) a duty of care in deciding what treatment to give; and (c) a duty of care in the administration of that treatment. A breach of any of the above duties may give a cause of action for negligence and the patient may on that basis recover damages from his doctor.
The Hon'ble Supreme Court in Kusum Sharma and others v. Batra Hospital and Medical Research Centre and Others (2010) 3 SCC 480; discussed the breach of expected duty of care from the doctor, if not rendered appropriately, it would amount to negligence. It was held that, if a doctor does not adopt proper procedure in treating his patient and does not exhibit the reasonable skill, he can be held liable for medical negligence.
Our this view dovetails from the ratio laid down by the Hon'ble Supreme Court in the case of Sameera Kohli vs. Dr. Prabha Manchanda & Anr
"it is for the doctor to decide, with reference to the condition of the patient, nature of the illness and the prevailing established practices as to how much information regarding the risk and consequences should be given and how they should be couched in the best interest of the patient. A doctor acting accordingly with normal care and in accordance with a recognized medical practice cannot be said to be negligent merely because body of opinion taken a contrary view. In modern medicine and surgery dissection of the various things a doctor has to do in the exercise of his whole duty of care owned to his patient is neither legally meaningful nor medically practicable."
The complainant is required to prove that the doctor did something or failed to do something which is the given facts and circumstances, no medical professional in his ordinary senses and prudence would have done or failed to do as held by the Hon'ble Supreme Court in case "Jacob Mathew vs. State of Punjab & Anr." AIR 2005 SCC 3180.
It was not a deviation from the standard of practice, if the doctor chooses any accepted mode of treatment. This view dovetails from the decision of Hon'ble Supreme Court in the case of Achutrao Haribhau Khodwa vs. State of Maharashtra, (1996) 2 SCC 634, wherein it was held as below:-
(extract from opinion of Professor Dr.Roger Williams at page no. 8)
The Counsel has put reliance upon the decision in case of Malay Kumar Ganguly vs. Dr.Sukumar Mukherjee & Ors. (2009) 9 SCC 221, the Hon'ble Supreme Court held in para 163 as follows: