Negligence only if doctor lacks qualification or expertise in treatment: SC

The Supreme Court on Friday said a doctor can be held liable for negligence only when there was no requisite qualification and skill, or a failure to exercise reasonable expertise during treatment. A bench of Justices P S Narasimha and Pankaj Mithal said when reasonable care, expected of the medical professional, was extended or rendered to the patient unless contrary was proved, it would not be a case for actionable negligence. "A medical professional may be held liable for negligence only when he is not possessed with the requisite qualification or skill or when he fails to exercise reasonable skill which he possesses in giving the treatment," the bench said. The top court made the observations while setting aside an order of the National Consumer Disputes Redressal Commission (NCDRC) which had held a doctor negligent. According to the complainant, their minor son was diagnosed with a congenital disorder in his left eye which required a minor surgery, which was performed in 1996