SC: Surgeon best judge; no criminal liability without proven negligence

SC: Surgeon best judge; no criminal liability without proven negligence

In Dr. S. Balagopal v. State of Tamil Nadu & Anr., the Supreme Court of India held that a surgeon’s professional judgment in choosing an appropriate medical procedure does not attract criminal liability unless gross negligence is proven. The case involved a paediatric surgeon who performed an orchidectomy instead of orchidopexy on a minor, based on medical necessity and risk factors. The Court noted that the consent form included both procedures, and there was no evidence of manipulation. Relying on expert opinion, the Court emphasized that when a doctor follows a recognized medical practice, liability cannot arise merely because another option existed. Applying the Bolam Principle, it held that a doctor is not negligent if acting in accordance with accepted medical standards. The Court clarified that criminal negligence requires a high threshold of recklessness or gross misconduct, which was absent here. Accordingly, criminal proceedings were quashed, reaffirming that courts must respect medical expertise and good faith decisions in treatment.