The terms negligence and medical error are related but not the same in Indian law. Here's the difference: 1. Medical Error: A medical error is an unintended mistake made during diagnosis, treatment, or care. It can happen even if the doctor or hospital exercised reasonable care. Examples: - Giving the wrong medication by accident - Misreading a lab report - Technical slip during surgery Medical errors do not always amount to negligence unless the standard of care was breached. 2. Medical Negligence: Medical negligence occurs when a doctor or medical professional fails to exercise the level of care that a reasonably competent professional would, and this causes harm to the patient. It involves: - Duty of care - Breach of that duty - Resulting injury or damage Example: - A doctor fails to diagnose a serious condition that any competent doctor would have detected - Performing surgery without necessary precautions or proper training Key Difference: - Error is unintentional and may occur even with due care. - Negligence is a legal breach of duty where the doctor fails to meet the expected standard of care. Under Indian law (e.g., Supreme Court rulings like Jacob Mathew v. State of Punjab, 2005), not every error is negligence. Courts require proof that no competent doctor would have made the same mistake under similar circumstances.

Dear Client, Medical Negligence Medical negligence is when a doctor or nurse does not meet the level of care expected as a professional by injuring the patient. This will include mistakes in treatment, diagnosis, aftercare or management of health. The idea is based upon four underlying principles: Duty of Care: The healthcare provider had the responsibility of ensuring that the patient received healthcare. Breach of Duty: The provider was in breach of this duty by not abiding to the standard of care. Causation: The breach led to direct injury or harm on the patient. Damage: The patient experienced measurable damage thereby. In India, there Jacob Mathew v. State of Punjab (2005) insisted that for a medical professional to be held liable, the conduct of a medical professional should not be at the standard that reasonably competent practitioner in that field would have. Medical Error A medical error is an unintended act (commission or omission) or one that does not attain its intended consequences. Such errors may be created by different reasons, such as failures of a system, poor communication, or human factors and are not always harmful. Importantly, some medical errors are also not cases of negligence. Distinction between medical errors and medical negligence is imperative and relevant not only for the patients but also for the healthcare providers. Errors can occur without facing legal repercussions, whereas negligence is a breaching of a duty that will result in patient injury and possible legal action. In India, an element of negligence must be proven for there to be medical negligence, i.e., a healthcare provider’s actions have deviated from the standard of the care expected of him in his profession. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.