HC relief to paediatrician who diagnosed TB instead of renal calculus
Observing that a mere error in judgment in the diagnosis of ailment cannot be termed medical negligence, the Gujarat High Court recently dismissed a plea filed by the parents of a deceased child seeking compensation for alleged medical negligence in the treatment provided by a paediatrician.
Filing the plea, the petitioners alleged that the doctor initially diagnosed that the newborn child was suffering from TB when the child had Renal Calculus. However, noting that the child had taken treatment from several other doctors, the HC bench comprising Justice Devan M. Desai noted, "In such set of facts, when the patient had taken treatment from various doctors and from various hospital and in absence of any cogent material in proving medical negligence on the part of the defendant No.1 and mere an error in judgment in diagnosis of ailment cannot be said to be the medical negligence."
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