The Bolam standard in India

Medical negligence is judged by the Bolam test as adopted in India — a doctor is not negligent if his action is in accordance with a practice accepted as proper by a responsible body of medical professionals. The Supreme Court in Jacob Mathew v. State of Punjab (2005) 6 SCC 1 added Indian context — gross neglect, recklessness and want of due care must be shown. Mere error of judgment is not actionable.

Forum and limitation

Consumer Commission has settled jurisdiction over medical negligence post Indian Medical Association v. VP Shantha (1995) 6 SCC 651, except for free treatment by Government hospitals. Limitation is 2 years from cause of action under CPA, 2019; “continuing injury” theory can extend this. Pecuniary jurisdiction: District Commission Kota for claims up to ₹50 lakh; State Commission Jaipur for ₹50 lakh – ₹2 crore; National Commission for above ₹2 crore.

Documents and expert opinion

Case files; OPD / IPD records; investigations and test reports; surgical notes; consent forms; discharge summary; post-discharge complications; hospital bill and insurance claim; expert opinion from an independent specialist of equivalent qualification (the most critical document). Without expert opinion supporting your case, courts routinely dismiss medical negligence claims — Martin F. D’Souza v. Mohd. Ishfaq (2009) 3 SCC 1.

Compensation heads

Special damages — actual medical expenses incurred, projected medical expenses, loss of income to date; general damages — pain and suffering, loss of amenities of life, loss of expectation of life, mental agony to family. In death cases, the Sarla Verma multiplier method is applied. Awards in serious Kota / Jaipur cases have crossed ₹2 crore in recent years.

When the doctor is also right

We also defend doctors and hospitals — the law protects medical professionals from frivolous prosecution. Procedural safeguards from Jacob Mathew apply to criminal cases under Section 304-A IPC (now Section 106 BNS) — preliminary inquiry by senior medical officer before arrest, expert opinion before chargesheet. Many criminal medical-negligence FIRs are quashed under Section 528 BNSS (earlier 482 CrPC).