Delhi High Court recently ruled that medical negligence couldn't be proven solely through dissatisfaction or claims about "expected standard of care". Evidence must show that a doctor's performance was below the level of a competent practitioner in comparable situations, a single bench of Justice Sanjeev Narula pointed out.
The court was hearing a petition against doctors at Max Super Specialty Hospital Delhi by a man who claimed that their negligence had led to the death of his wife, diagnosed with systemic lupus erythematosus/haematemesis, in Oct 2016. The petitioner contended that administering 850mcg of fentanyl in a brief period was dangerous and resulted in the patient's death through poisoning.
Delhi Medical Council (DMC) had found the two doctors responsible for professional negligence of duty. It issued a warning and directed them to undergo at least one month of training in emergency medicine at a recognised hospital. However, National Medical Commission (NMC), during its peer review, considered the doctors' records, which contained comprehensive details about drug dosage calculations based on the patient's health status and weight requirements, and concluded that there was insufficient evidence to prove negligence. The petitioner challenged the NMC order.