Indian Penal Code - Litigating Hand

Bombay Hospital and Medical Research Centre vs. Asha Jaiswal and Others [(2021) 19 SCC 1]

Doctor is not expected to remain on the bedside of the patient throughout his stay in the hospital

26. It is a case where the patient was in serious condition impending gangrene even before admission to the hospital but even after surgery and re-exploration, if the patient does not survive, the fault cannot be fastened on the doctors as a case of medical negligence. It is too much to expect from a doctor to remain on the bedside of the patient throughout his stay in the hospital which was being expected by the complainant here. A doctor is expected to provide reasonable care which is not proved to be lacking in any manner in the present case.

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