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Error in diagnosis not sufficient to prove medical negligence: Gujarat HC

Source: , Posted On:   31 August 2024

Gujarat High Court in a recent judgment ruled that an error in diagnosing an illness does not automatically constitute medical negligence.

The case involved  a child who was initially misdiagnosed with tuberculosis (TB),  but later found to have renal calculus. The child's family sought compensation from a doctor at Shardaben Chimanlal Hospital, alleging medical negligence. However, the court dismissed the claim, stating that there was no concrete evidence to prove that the doctor’s actions had directly caused the child’s death.

Justice Devang M Desai, who presided over the case, emphasised that establishing medical negligence requires decisive medical evidence demonstrating that the healthcare professional failed to meet the expected standard of care. In this instance, the court noted that the child had received treatment from multiple doctors and hospitals, making it difficult to pinpoint a specific instance of negligence.

The ruling provides relief to doctors facing allegations of medical malpractice, highlighting the importance of expert opinions and concrete evidence in such cases. It also underscores the complexities involved in proving medical negligence, particularly when multiple healthcare providers are involved in a patient’s treatment.

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