In Neeraj Sud & Anr. vs. Jaswinder Singh (Minor) & Anr. (2024 INSC 825), the Supreme Court clarified that mere deterioration of a patient’s condition after surgery does not automatically indicate medical negligence. To establish negligence, it must be proven that the doctor failed to exercise due care or lacked the necessary skill or qualifications for the procedure. Relying on the Jacob Mathews v. State of Punjab (2005) decision, the Court reaffirmed the Bolam Test, which protects doctors who act in accordance with accepted medical practices. It also rejected the application of Res Ipsa Loquitur in the absence of evidence showing failure to exercise due skill. The Court overturned the National Consumer Disputes Redressal Commission’s compensation award, emphasizing that the doctor had the requisite qualifications and followed proper medical protocols, thereby reinforcing the importance of expert medical opinion and adherence to accepted standards in medico-legal cases.
