Shimla News
Himachal High Court: Hp High Court Rejected Lower Court’s Decision Declaring Doctor Negligent
Overruling the decisions of the lower courts of Himachal Pradesh, the Himachal Pradesh High Court has held that a doctor will be liable only if the conduct of the doctor is found to be below the standard of a reasonably competent doctor in his medical field.
By Diary Times Bureau, Shimla, December 7, 2023
Shimla – According to the order of Himachal Pradesh High Court, a doctor cannot be held negligent just because that doctor has chosen the method of treatment as per his discretion. The Himachal Pradesh High Court has taken this decision in defense of the doctor while rejecting the lower court’s decision holding the doctor negligent in the case of death of a woman. Rejecting the decision of the lower courts of Himachal Pradesh, the Himachal Pradesh High Court said that the doctor would be liable only if his conduct was found to be below the standard of a reasonably competent doctor in the medical field. Himachal Pradesh High Court has given this important decision on the appeal filed by the Himachal Pradesh Government challenging the lower court, under which an order was issued to give two lakh sixty thousand rupees along with interest in favor of the daughter of the deceased.
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According to the entire case, the doctor was accused in the lower court that the incident of death of the plaintiff’s mother on March 3, 2015 happened due to the negligence of the doctors and staff nurses of Zonal Hospital Hamirpur. The Himachal Pradesh High Court found that on the day of the entire incident, the deceased plaintiff’s mother was seen by the defendant doctor till 3:30 pm, due to which the defendant doctor had to leave suddenly to take care of his father. The father of the respondent doctor had suffered a paralytic attack on the same day and there was no other person in the family present to take care of him. Due to the absence of the respondent doctor, thereafter the patient was treated from time to time by the doctors on duty. Himachal Pradesh High Court said that the death of the patient is unfortunate, but under any circumstances, such an incident cannot be attributed to the negligence of the doctors.
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