Laxman Balkrishna Joshi vs Trimbak Bapu Godbole And Anr on 2 May, 1968
In two decisions rendered by the Hon'be Supreme Court,
viz., "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
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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.