The Delhi High Court in a major ruling said that dissatisfaction with doctors or a hospital are not enough to establish medical negligence. The court rejection a man's petition seeking action against doctors over his wife's death.

Justice Sanjeev Narula said doctors should not be constrained either by the expectations or timelines set by the patient's family.

"It is paramount to remember that medical negligence is not established by mere dissatisfaction or the assertion of an 'expected' standard of care," Narula said in his December 20 verdict.

"It is acknowledged that doctors are expected to apply a reasonable level of expertise and exercise due diligence in their practices. The proper criterion for determining medical negligence lies in assessing whether the actions of the doctor fall below the accepted standards of a reasonably competent practitioner within the relevant field," the judge added.

The court noted that while doctors are obligated to prioritise the patient's well-being and provide the most appropriate treatment, they should not be pressured by the expectations or timelines set by the patient's family.

"Although the petitioner may have desired quicker action, the doctors had to evaluate a critically unstable patient, manage immediate crises, and prioritize interventions based on clinical necessity rather than family demands," the court explained.

The judge stated that a doctor cannot be considered negligent if they perform their duties with reasonable skill and competence, and their decisions must be guided by medical necessity and professional judgment.

The petitioner's allegations involved three doctors, along with delays in administering drugs and tests, the unavailability of a senior doctor, and a potential drug overdose.

As a result, the petitioner sought a direction from the National Medical Commission (NMC) to penalize the doctors for medical and professional negligence, including removal from the medical registry.

While the court expressed sympathy for the petitioner's loss, it pointed out that both the Delhi Medical Council and the NMC had reviewed the complaint. They found certain shortcomings with two of the doctors and mandated they undergo additional training, but did not take further action against the individuals named in the petition.

Therefore, the court stated it could not reassess the findings of expert bodies on matters of medical negligence. In the absence of clear evidence of error or illegality, the court found no reason to interfere with their decisions under Article 226 of the Constitution.

Source: https://www.hindustantimes.com/india-news/dissasfaction-with-medical-care-not-enough-to-prove-medical-negligence-delhi-high-court-101735644743252.html