Answer By law4u team
The terms negligence and medical error are related but not the same in Indian law. Here's the difference: 1. Medical Error: A medical error is an unintended mistake made during diagnosis, treatment, or care. It can happen even if the doctor or hospital exercised reasonable care. Examples: - Giving the wrong medication by accident - Misreading a lab report - Technical slip during surgery Medical errors do not always amount to negligence unless the standard of care was breached. 2. Medical Negligence: Medical negligence occurs when a doctor or medical professional fails to exercise the level of care that a reasonably competent professional would, and this causes harm to the patient. It involves: - Duty of care - Breach of that duty - Resulting injury or damage Example: - A doctor fails to diagnose a serious condition that any competent doctor would have detected - Performing surgery without necessary precautions or proper training Key Difference: - Error is unintentional and may occur even with due care. - Negligence is a legal breach of duty where the doctor fails to meet the expected standard of care. Under Indian law (e.g., Supreme Court rulings like Jacob Mathew v. State of Punjab, 2005), not every error is negligence. Courts require proof that no competent doctor would have made the same mistake under similar circumstances.
