DR. LAXMAN BALAKRISHNA JOSHI vs DR. TRIMBAK BAPU GODBOLE (1969)
AIR 128, SCR (1) 206
Facts
This is a landmark case in medical negligence law in India. The case involved the death of a patient due to alleged medical negligence.
Dr. Trimbak Bapu Godbole performed a surgical procedure on a child without taking proper precautions or obtaining informed consent from the parents. The child later died, and Dr. Laxman Balakrishna Joshi (the father) sued Dr. Godbole for medical negligence, alleging that the doctor failed to provide reasonable care and skill while performing the treatment.
Issues
1. Whether Dr. Godbole failed to exercise the standard duty of care required from a medical professional.
2. Whether the doctor’s negligence led to the death of the patient.
3. What constitutes medical negligence under Indian law.
Judgment
The Supreme Court ruled in favor of Dr. Laxman Balakrishna Joshi and held that Dr. Godbole was guilty of medical negligence. The Court laid down three essential duties of a doctor:
1. Duty to decide whether to treat the patient – A doctor must decide whether they have the necessary skills and expertise to treat the patient.
2. Duty to determine the appropriate treatment – The doctor must choose a treatment that aligns with the accepted medical standards.
3. Duty to administer the treatment with care – The doctor must ensure that treatment is carried out properly, following necessary precautions.
If a doctor fails in any of these duties, they can be held liable for medical negligence.
Contemporary Relevance
This case set the foundation for medical negligence laws in India and continues to be cited in cases involving:
● Wrongful death due to medical errors
● Failure to obtain informed consent
● Malpractice lawsuits against doctors and hospitals
This ruling remains a cornerstone of medical ethics and legal responsibility in healthcare, reinforcing the need for doctors to uphold a high standard of care in their profession.
-SAKSHI
DNLU
Commentaires