Bombay High Court Clarifies Legal Standards for Medical Negligence and Choice of Treatment Procedures

sketch of the Bombay High Court
Case
DR.MUNIR SUFI MHASKAR v. MEDICAL COUNCIL OF INDIA and 2 ORS (Bombay High Court, 22-09-2026)
Law
National Medical Commission Act.

Highlights of the Judgment:

  • Comprehensive examination of the legal threshold for medical negligence and the application of the Bolam test.
  • Analysis of natural justice violations in disciplinary proceedings before professional medical councils.
  • Evaluation of a medical practitioner's latitude in selecting recognized treatment methods over alternative procedures.
  • Assessment of procedural requirements for reasoned decisions by expert administrative and appellate bodies.
  • Interpretation of statutory transitions between the repealed 1956 Act and the National Medical Commission Act, 2019.