Case Analysis: Medical Negligence-Jacob Mathew v. State of Punjab & Anr. (2005) 6 SCC 1
The Court went onto say that professional negligence and occupational negligence cannot be equated together. A simple lack of care or an error of judgement or an accident is not proof of negligence is not negligence on part of the medical professional. So long as the doctor follows a “practice acceptable” to the medical profession of that day, he cannot be made liable for negligence merely because an alternative method of treatment was available.
The Doctor was found not-guilty and charges against him were quashed.
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