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Nandkishore C Shah vs Kashiba G Patel Children Hospital & ... on 26 April, 2023 cites

Chanda Rani Akhouri . vs M.S.Methusethupathi . on 20 April, 2022

In Dr. (Mrs.) Chanda Rani Akhouri Vs Dr. M A Methusethupati (2022-SCC on line - 481) the Hon'ble Apex Court observed that a medical practitioner is not to be held liable simply because things went wrong from mischance of mis-advertence or through an error of judgment in choosing one reasonable course of treatment in preference to another. In the practice of medicine, there could be varying approaches of treatment. There could be genuine difference of opinions. However, while adopting a course of treatment, the duty cast upon the medical practitioner is that he must ensure that the medical protocol being followed by him is to the best of his skill and with competence at his command.
Supreme Court of India Cites 6 - Cited by 34 - A Rastogi - Full Document

Smt. Savita Garg vs The Director, National Heart Institute on 12 October, 2004

"in fact, once a claim petition is filed and the claimant has successfully discharged the initial burden that the hospital was negligent, as a result of such negligence the patient died, then in that case the burden lies on the hospital and the concerned doctor who treated the patient that there was no negligence involved in the treatment. Since the burden is on the hospital, they can discharge the same by producing that doctor who treated the patient in defence to substantiate their allegation that there was no negligence. In fact it is the hospital who engages the treating doctor thereafter it is their responsibility. The burden is greater on the institution /hospital than that of the claimant."
Supreme Court of India Cites 15 - Cited by 257 - A K Mathur - Full Document
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