Chapter: 6.1.1 Duties of a Doctor

Duties of a Doctor

The duties of a Doctor when he undertakes the treatment of the patient have been described by the Supreme Court in Lakshman Joshi v/s Dr.Trimbak AIR 1969 SC 128, as follows:

The duties, which a Doctor owes to his patient, are clear. A person who holds himself out ready to give medical advice and treatment impliedlv undertakes that he is possessed of skill or knowledge for the purpose. Such a person, when consulted by a patient, owes him certain duties, namely a duty of care in deciding whether to undertake the case, a duty of care in deciding what treatment to give or a duty of care in administration of that treatment. A breach of any of these duties gives a right of action for negligence to the patient. The petitioner must bring to his task a reasonable degree of skill and knowledge and must exercise reasonable degree of care.

Degree of care required to be exercised:
West i Bengal State Commission in Bhupendranath Das v/ s Maharaj Ramakrishna Seva Prathisthan & Ors., I(1998) CPJ 377 held that when a cataract operation is performed with reasonable care a doctor cannot be held guilty for after effects subsequently noticed.

Held: 'The general medical practice is not to release a patient until he is reasonably cured to merit a discharge, unless, of course the release is on a risk bond. If the operation is done with reasonable care but any after effect is subsequently noticed either due to absence of proper care or for any other reason, the doctor cannot be held guilty.'

Held further: 'Judging from all possible aspects of the case we come to the conclusion that the medical negligence brought against the doctor has not been proved in this case.'