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Smt. Ushendra W/O. (L)Sh.Rajkumar& 2 ... vs Suprintendent, Christian Medical ... on 24 July, 2015 cites

Indian Medical Association vs V.P. Shantha & Ors on 13 November, 1995

21.   What constitutes medical negligence is well settled through a catena of decisions of the Hon'ble Supreme Court, including in Jacob Mathew Vs. State of Punjab & Anr. (2005) 6 SCC 1, a three Judge Bench decision; Indian Medical Association Vs. V.P. Shantha and Ors. (1995) 6 SCC 651. Noted  from these judgments, the broad principles to determine what constitutes medical negligence, inter alia, are: (i) Whether the doctor in question possessed the medical skills expected of an ordinary skilled practitioner in the field at that point of time; and (ii) Whether the doctor adopted the practice (of clinical observation diagnosis - including diagnostic tests and treatment) in the case that is accepted as proper by a responsible body of professional practitioners in the field.
Supreme Court of India Cites 44 - Cited by 575 - S C Agrawal - Full Document
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