A doctor performs an operation without obtaining informed consent from the patient, who later suffers a known complication. The patient files a case of negligence. In Indian medical negligence law, which of the following BEST describes the standard of care applied to determine negligence?
- A The Bolam test as modified by the Jacob Mathew judgment of the Supreme Court of India ✓
- B The strict liability standard, where any complication regardless of due care constitutes negligence
- C The res ipsa loquitur doctrine, which shifts the entire burden of proof to the doctor in all cases
- D The absolute liability standard, where the doctor is liable for all outcomes regardless of skill
Correct answer: A. The Bolam test as modified by the Jacob Mathew judgment of the Supreme Court of India
Explanation
The Jacob Mathew v. State of Punjab (2005) judgment of the Supreme Court of India modified the Bolam test for Indian medical negligence cases. It held that a doctor is not negligent merely because something went wrong, but only if they lacked the requisite skill or did not exercise reasonable care. The judgment requires that the standard be assessed by a professional body of medical opinion. This is the foundational medicolegal principle for negligence in India.
Reference: Reddy K. S. Narayana - Essentials of Forensic Medicine and Toxicology, 37th ed.
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