The Jacob Mathew v. State of Punjab (2005) judgment is a landmark Supreme Court decision on medical negligence in India. Key significance • High threshold for criminal prosecution – The Court held that to prosecute a doctor under criminal law (now under Bharatiya Nyaya Sanhita, 2023), the negligence must be gross or reckless; ordinary mistakes or errors of judgment are not enough. • Adoption of the Bolam test – The Court reaffirmed that a doctor is not negligent if their actions align with a practice accepted as proper by a responsible body of medical professionals in that specialty. • Safeguard against frivolous complaints – It directed that before filing criminal charges against a doctor, there must be a credible independent medical opinion supporting the allegation of negligence. • Balancing patient rights and doctor protection – The ruling ensures that patients harmed by clear, serious negligence can get justice, while doctors are protected from harassment for genuine efforts made in good faith.
Discover clear and detailed answers to common questions about Medical Negligence. Learn about procedures and more in straightforward language.