Doctor not responsible for misfortune or mistake in judgment, petition seeking damages of Rs 95.16 lakh dismissed

The Supreme Court on Wednesday said that doctors on their part provide the best medical aid available. A doctor should not be held responsible just because due to misfortune or not choosing the proper method of treatment, the matter got worse and the patient could not be saved.

A bench of Justices Ajay Rastogi and Abhay S Oka said, "The doctor shall be liable only if his conduct is below the standards of a reasonably competent doctor in his area." The bench dismissed the appeal of Dr Chanda Rani Akhouri and others against the decision of the National Consumer Disputes Redressal Commission.

The commission had rejected his claim of compensation of Rs 95.16 lakh against a nursing home and its doctors for negligence after the operation. Her husband Naveen Kant died within a few months of a kidney transplant in 1995.

The top court said, in this case all the post-operative medical care protocols were given to the patient. Yet his condition worsened and in the end he could not be saved, which is unfortunate indeed but what is acceptable to destiny cannot have legal recourse.