it was neither a bona fide mistake nor error of judgment of the OP-1, but it was the failure of duty of care of the OP-1 during the level II (Target scan)

Title of the Case: DR. USHA MUKHI Vs.  SEEMA DESWAL & ANR.

Head Notes: Very often in a claim for compensation arising out of medical negligence a plea is taken that it is a case of bona fide mistake which under certain circumstances may be excusable, but a mistake which would tantamount to negligence cannot be pardoned. In the former case a court can accept that ordinary human fallibility precludes the liability while in the latter the conduct of the defendant is considered to have gone beyond the bounds of what is expected of the skill of a reasonably competent doctor.

Court: Honourable National Consumer Disputes Redressal Commission New Delhi

Judges: Honourable Justice DR. S. M. KANTIKAR, BINOY KUMAR

Date of Disposal : 09/01/2023

Citation/Case law